The reinforcement of the employer's obligation to inform the employee

What information and for whom?

On March 9th, 2023, France adopted a much-anticipated statute transposing into French law the EU Directive on Transparent and Predictable Working Conditions (2019/1152) and its implementing decree (decree n° 2023-1004 of October 30th, 2023. Since November 1st, 2023, the employer’s main obligation to inform employees with substantial information of their employment relationship has been reinforced.

This obligation applies not only to new hires, but also to current employees.

• A table in the appendix to this article lists all the information that must be communicated by the employer to all employees as from November 1st, 2023, and specifies the procedures and deadlines applicable depending on the nature of the information.

What is the required form of the information to be communicated?

Information must be communicated in writing:

• In paper form: subject to the use of a means conferring a date certain.
• In electronic form: subject to three cumulative conditions:
  • the employee must have an material access to get information in this format
  • the information can be recorded and printed
  • the employer must keep proof of transmission or receipt of the information communicated.

If some information is already mentioned in the employment contract, is the employer enforced to communicate it again?

The question of whether the employer should inform the employee in a separate document if he already provided it in the employment contract is currently discussed. In the absence of certitude, and even if this may appear redundant, it is preferable to propose as a precautionary measure a summary document to each employee, which will be updated as from each modification. This update is not necessary if the change in information is the result of a change or law / CBA / regulatory provisions.

A decree is expected to propose three model documents that will make it easier for employers to fulfill their obligation to provide information.

What is the employer's obligation for employees already in post on Nov. 1st, 2023?

Employees already employed on November 1st, 2023 may request at any time the information listed that has not yet been provided. The employer must respond within seven days or one month, depending on the information concerned.

🚨 If it fails to do so, the employee who has not received the required information must first give the employer formal notice to provide it. Only if the employer fails to comply within seven calendar days of receipt of the formal notice may the employee bring an action before the Labour Court (Conseil de prud'hommes).

Additional information for employees on secondment

The general information listed in our appendix below are required of all employees, but additional specific information is required before the departure for employees working outside for a period of more than 4 consecutive weeks:

• The country/countries in which the employee will be working abroad, and the expected duration of the secondment.
• The currency in which remuneration will be paid (this information may be provided by reference to the applicable laws, regulations or collective bargaining agreements);
• Cash and in-kind benefits, if any.
• Information on whether repatriation has been organized and, if so, the conditions under which the employee will be repatriated.

 

Employees concerned by a secondment for more than 4 weeks as part of a provision of services in the European Union must also be provided with the following information:

• The remuneration to which he is entitled under the applicable law of the host country (this information may be given by reference to the applicable laws, regulations or contractual stipulations);
• Where applicable, the specific secondment allowances and the arrangements for reimbursing travel, accommodation, and food expenses.
• The address of the national website set up by the host State in accordance with the provisions of Article 5(2) of Directive 2014/67/EU of the European Parliament and of the Council of May 15th 2014, on the implementation of Directive 96/71/EC.

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