Right to Disconnect

Article 312-9 of the Labour Code provides that employees who use digital tools for professional purposes must benefit from a special regime that ensures:

• the respect of the right to disconnect outside of working hours;
• the practical modalities, technical measures for disconnecting from digital tools;
• sensitization and training measures;
• compensation modalities in the event of exceptional derogations from the right to disconnect.

This right allows employees not to be contacted outside of their working hours, whether by email, phone calls or professional messages.

The regime related to the right to disconnect can be defined by a collective labour agreement or a subordinate agreement. If a company does not have these agreements, it must establish its own regime.
Companies with 150 employees or more must conclude an agreement with the staff delegation to introduce or modify the regime, while companies with fewer than 150 employees must simply consult with them.

In case of non-compliance, the Labour and Mines Inspectorate (ITM) may impose an administrative fine on the company ranging from 251 to 25,000 euros.