The right to disconnect

One of the most emblematic measures decided in the framework of the law of 3 October 2022 on various provisions relating to work, concerns the right to disconnect.

From now on, employers who employ at least 20 workers will have to ensure the respect of their employees’ right to disconnect, in order to preserve rest time and the work/life balance .

This right, as well as the modalities to implement it, must be incorporated in a collective bargaining agreement concluded at company level (to be filed with the registry of the Directorate General for Collective Labor Relations of the FPS Employment) or, alternatively, in the work regulations (a copy of which must be filed with the regional office of the Labor Inspection – Control of Social Laws within eight days of its entry into force).

The collective bargaining agreement or the work regulations must, at a minimum, provide for:
– the practical arrangements for the implementation of the worker’s right not to be contacted outside working hours,
– instructions on how to use digital tools in such a way as to ensure that rest periods, vacations, and the work/life balance of the worker are guaranteed;
– training and awareness-raising actions for workers and management staff on the reasonable use of digital tools and the risks associated with an excessive use of connectivity.

The formalities relating to the right to disconnect must be completed by 1 April 2023. For more information, please feel free to contact Me. Carl VANDER ESPT

With our best regards.
The Cairn Legal team