The Law of 28 June 2023 amending the Labour Code in order to
introduce a provision on the right to be disconnected has been
published in the Mémorial A n°344 of 30 June 2023.
The Law came into force on 4 July 2023.
The main points of attention are as follows:
1. Employees concerned by the right to be
disconnected:
- employees with an employment contract, as well as trainees,
apprentices and pupils and students employed during the school
holidays; and,
- who use digital tools for professional purposes.
2. Obligation's as an employer: set
up a scheme to ensure that employees' right to be disconnected
outside working hours is respected.
The scheme must be adapted to the specific characteristics and
issues of the company or sector, which remains free to decide on
the measures to ensure that the right to be disconnected is
respected. It is recommended to set out these schemes in writing
(charter, policy, etc.).
