JOB On January 1, comes into force a new law, that of the disconnection, as provided by the law known as El Khomri…
A new year begins and with it, a new law makes its appearance : one of the disconnection. From 1 January, your employer is obliged to provide you with the possibility to temporarily disconnect with the digital tools connecting you to your professional activity. More precisely, it should open negotiations on this subject. in 20 Minutes around the issue by five points.
what is the right to disconnect ?
If the law in El Khomri inserted in the labor Code this new law – and this is a world first –, “she does not give him any definition,” says ms. Anne-Laure Périès, partner in the law firm Capstan Avocats. The idea is however clear : the company must now provide its employees the beaches of disconnecting with the digital tools, given that they make more porous the border between the professional world and the personal world. This new law target particular employees for the plan update or telecommuting. But not only, as at present, one in three said using digital tools professionals outside of their work time, according to a study published last October 24 by the firm Eléas.
what’s(s) obligation(s) is required of my employer ?
first to open a negotiation on this question of the disconnect. It must be held “in the framework of the annual negotiation on the quality of working life and professional equality between women and men,” says Anne-Laure Périès. This negotiation should include the “implementation by the company of devices of regulation of the use of digital tools” (article 55 of the law Work). The negotiation must result in the year. In case of failure, the employer is required to establish a charter on the right to disconnection. In all cases, staff should be trained in this issue – “the managers to be the first to be aware of,” says Anne-Laure Périès.
All companies are affected ?
Only companies with more than 50 employees are required to open a trading and, in the event of failure to draw up a charter. However, the act requires that all employers, including those of VSES and SMES, to establish procedures for disconnection for their frames. If this right is not guaranteed, the framework can expose the package for a day/hour to which it is subjected and, therefore, “require the payment of all overtime hours,” insists Anne-Laure Périès. For this lawyer, the business, whatever its size, has the same interest in thinking about the issue of the right to disconnect for all its employees.
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But specifically, what is it that is changing ?
of course, the labour Code already provides for rest and leave. The case law has repeatedly pointed out : a worker is not required to respond to a solicitation professional outside of his / her working time. In addition, the employer has the obligation to ensure the safety of the employee and prevent his or her health. The introduction of this new right to the log is it therefore nothing ? Anne-Laure Périès do not think : “If this evolution is certainly more symbolic than pragmatic, it recognises the right to disconnect in the law and requires putting the subject on the table.” And most of all, provide practical solutions. “Companies already have systems in place, such as Areva, which prohibits sending e-mail outside of normal work hours, unless an exception or emergency, the Volkswagen, which blocks the servers in the evening and on the weekend, or even Daimler, which erases the e-mails received during the holidays, preventing the sender… Without going t hat far, the company can provide for the display of a pop-up window that will ask the sender if he is really sure you want to send e-mail in view of the lateness of the hour, for example “, says Anne-Laure Périès. The lawyer insisted : “beyond these devices, the company also needs to think about the work load, absence management, etc., This is all the work that needs to be questioned “.
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And if my employer does nothing, what’s going on ?
The law Working does not stipulate any sanction. But be careful : as we have already said, the professionals will be able to challenge their package date/time if the conditions for the exercise of their right to the disconnection have not been established. Similarly, a ” lack of implementation of an agreement or a charter on the right of disconnection, the employer is exposed to increased risks of litigation. The employee may in particular be used for the recognition of psychosocial risks, burnout, or moral harassment. This new law is reflected in practice by a real obligation of the employer, ” warns ms. Anne-Laure Périès.
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