By Jean-Baptiste Vienne, Partner
The implementing decree of law 2023-171 of March 9, 2023 laying down provisions for adaptation to European Union law is published in the Official Journal of October 31 (Decree No. 2023-1004 of October 30, 2023 transposing the directive (EU) 2019/1152 of the European Parliament and of the Council of June 20, 2019 on transparent and predictable working conditions in the European Union).
This decree specifies the main information that the employer must provide to the employee whether he or she works on French territory or internationally.
This information is given to him:
- in paper format by any means conferring a certain date
- or in electronic format provided that:
- the employee has a means of accessing information in electronic format,
- the information can be saved and printed,
- the employer keeps proof of the transmission or receipt of this information.
Some of them may simply be the subject of a reference to the legislative and regulatory provisions or the applicable conventional provisions.
Except when the modification results from a change in legislative or regulatory provisions or contractual stipulations, the employer must provide the employee, as soon as possible, with a document informing him or her of the changes occurring according to one of the above conditions. .
In the event of a breach, the employee cannot refer the matter to the industrial tribunal before the expiry of a period of 7 days following receipt of the formal notice which he must first send to his employer.
Finally, the decree also specifies the methods for informing employees holding a fixed-term contract or temporary employees, who request it, about open-ended positions to be filled within the company.
The employer must provide in writing the list of positions corresponding to the employee's professional qualification, within one month of receipt of the request.
He is not required to do so when the employee has already made two requests in the current calendar year.
An exemption is provided when the employer is an individual or a company with fewer than 250 employees
The table below summarizes the information to be provided, the deadlines within which the employer must comply as well as the manner.
Jean-Baptiste Vienne
Partner
He assists in advice and litigation, a clientele of French and international companies.
He has developed specific experience in the field of litigation, both individual and collective, particularly in matters of discrimination, equal treatment, psychosocial risks and safety at work.
