Right to disconnect
Law of June 28, 2023 amending the Labor Code to introduce a system relating to the right to disconnect.
Article 312-9 of the Labor Law stipulates that employees who use digital tools for professional purposes must benefit from a special regime guaranteeing them:
- respect for the right to disconnect outside working hours;
- practical arrangements and technical measures for disconnecting from digital tools;
- awareness-raising and training measures;
- compensation in the event of exceptional exceptions to the right to disconnect.
This right enables employees not to be contacted outside working hours, whether by e-mail, telephone or professional messages.
The regime governing the right to disconnect may be defined by a collective bargaining agreement or a subordinate agreement. If a company has no such agreement, it must establish its own regime.
Companies with 150 or more employees must conclude an agreement with the staff delegation to introduce or modify the scheme, while companies with fewer than 150 employees must simply consult it.
In the event of non-compliance, the Labour and Mines Inspectorate (ITM) can impose an administrative fine of between 251 and 25 000 euros.
The ASTF has developed a training course to raise awareness of this subject, the risks to physical and mental health and possible solutions for individuals and teams. Please do not hesitate to contact us if you are interested.