Updates on employee information requirements under EU Transparent Working Conditions Directive
Published on :
22/02/2024
22
February
Feb
02
2024
The Decree n° 2023-1004 dated October 30th, 2023, has transposed the EU Directive 2019/1152 on Transparent and Predictable Working Conditions into French law, effective from November 1st, 2023.
Employers are required to communicate certain information to staff upon hire including on common subjects such as position, pay, length of trial period etc. but also with regards information which is less commonly communicated such as information on training rights and health care and pension coverage.
Most of this information must be communicated to employees within 7 days of hiring but employers are allowed extra time (up to 30 days) to communicate certain information such as training rights, holiday entitlements, process by which the contract may be terminated, health care and pension coverage and applicable collective agreements. Such information must be provided in writing and, subject to certain conditions, can be communicated electronically.
Moreover, employees called upon to work abroad for a duration exceeding 4 weeks must receive, before their departure, information on the duration of the mission, the currency in which the remuneration will be paid and any benefits they may enjoy such as housing allowance etc.
In case of non-compliance, an employee can make a formal request for this information and, in the absence of a response by the employer within 7 days, can initiate proceedings before the Employment Tribunal to obtain such information.
Finally, though not directly related to the information upon hiring, the Decree further mandates that all employees hired under fixed-term or temporary contracts for a period exceeding 6 months can request information on all available indefinite-term positions available within the company which must provide the list within 1 month. It is a new information requirement that companies have to take into consideration.
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