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Regulation
New information obligations for employers
Publié le 07 novembre 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Since 1er in november 2023, the employer must provide new information to its employees. These concern both the employment relationship and the list of DTAs to be filled within the company.
The decree of 30 october 2023 draw up a list of information which the employer must now communicate to its employees. These new provisions ensure compliance with EU law.
Information to be provided to all employees
The information which the employer must provide to all its employees is as follows:
Information to be communicated individually to the employee by 7th calendar day from the date of hiring | The identity of the parties to the employment relationship |
|---|---|
Place (or places) of work and, if different, the address of the employer | |
Job title, job title, socio-occupational category or job category | |
The date of hiring | |
The end date or expected duration of the hire (for fixed-term contracts) | |
If applicable, the duration and conditions of the trial period | |
The components of remuneration shown separately (including overtime increases, periodicity and payment terms) | |
The daily, weekly or monthly working hours or the arrangements for adjusting them over another reference period (in the case of an arrangement for adjusting working time), the conditions under which the employee may be required to work additional or supplementary hours and, where appropriate, any arrangements for changing shifts (in the case of the organization of work in successive alternating shifts) | |
Information to be provided at the latest one month from the date of employment | The identity of the user company, when known and as soon as it is known (in the case of the temporary employee) |
The right to training provided by the employer | |
The duration of the leave with pay to which the employee is entitled, or the arrangements for calculating this duration | |
The procedure to be followed by the employer and the employee in the event of termination of their employment relationship | |
Collective agreements and agreements applicable to the employee in the company or establishment | |
Compulsory schemes to which the employee is affiliated, details of the supplementary social protection contracts which the employees collectively benefit from pursuant to a collective agreement or a unilateral decision of the employer and, where appropriate, the seniority conditions attached thereto. |
FYI
The employer shall send this information in paper form, by any means conferring a certain date (for example, by registered letter with acknowledgement of receipt) or in electronic form.
Information to be provided on the DTAs to be filled
In order to allow for a better transition to a more stable job, the decree of 30 October 2023 amends the rules on informing employees about the permanent contracts to be filled within the company.
First of all, this information is provided independently of the existence of such a system for employees on a permanent contract, which is a novelty.
It concerns employees holding a fixed term contract and temporary employees (also called temporary employees). These employees must have a continuous seniority ofat least 6 months in the company.
This information follows 2 steps:
- the temporary or temporary employee applies ‘by any means giving a definite date of receipt’ (e.g. by registered letter with acknowledgement of receipt);
- within one month of receipt of this request, the employer shall provide in writing the list of posts to be filled corresponding to the professional qualification of the employee (unless the employee has already made two requests in the current calendar year).
FYI
Companies with less than 250 employees can inform by oral of CDI posts to be filled within the company from the 2nde employee's request (where this is the same as the response given in 1re request).