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Since 1 November 2023, companies have to comply with a new formality when hiring employees. Yet another one!<\/p>\nSince 1 November 2023, companies have to comply with a new formality when hiring employees. Yet another one!<\/p>\n
Even though this new obligation still raises questions, we suggest preparing the ground so that you are not caught off guard when an employee asks you for information!<\/p>\n
New obligation.
\nWhen entering an employment agreement, the employer must now provide the employee with a document specifying key information regarding the employment relationship (Article L. 1221-5-1 of the French Labour Code, stemming from the law of 9 March 2023 on the adaptation of domestic law to European Union law). In the best case scenario, the list comprises 12 to 13 items according to the type of contract involved (open ended, fixed term or temporary): date of hire, duration of trial period, components of the remuneration package, right to training, procedures for contract termination, applicable collective bargaining agreements and establishment-level agreements, etc.<\/p>\n
And for the record, this same obligation applies when the employee is called upon to work abroad.<\/em><\/p>\n Pending questions.<\/strong> Publication of document templates.<\/strong> Sanctions incurred.<\/strong> Since 1 November 2023, companies have to comply with a new formality when hiring employees. Yet another one! Even though this new obligation still raises questions, we suggest preparing the ground so that you are not caught off guard when an employee asks you for information! New obligation. When entering an employment agreement, the employer must now provide the employee<\/p>\n
\nWe were waiting for the regulatory templates in order to understand how to apply the new law. We especially pondered on whether it was necessary to reproduce the information detailed in the employment agreement (knowing that our models are very comprehensive) or in the information notice on provident insurance, or whether it could be limited to just providing any missing information.<\/p>\n
\nDocument templates have just been published (Order of 3 June 2024, published in the French Official Gazette on 16 June 2024). There is no clear answer to the question but the law must be applied\u2026<\/p>\n
\nThe requirement to provide the information document does not just apply to new hires (theoretically those hired since 1 November 2023). Current employees can ask for information that has not already been conveyed to them. Should the employer fail to provide or communicate this information, the employee may issue a formal notice to the employer and, in the absence of any response, the matter may then be referred to the industrial tribunal. There is no provision for any penalty.<\/p>\n","protected":false},"excerpt":{"rendered":"