Since November 1st, the information to be provided to employees when hiring...

A decree published in the Official Gazette of October 31, 2023 allows the application of Articles 19 and 20 of Law No. 2023-171 of March 9, 2023 (Law adapting to European Union law).

A decree dated October 30, 2023 lists the various information that the employer must provide at the time of hiring. It also contains specific provisions for workers posted abroad.

Decree No. 2023-1004 of October 30, 2023 implementing the Directive 2019/1152 on transparent and predictable working conditions specifies and completes the list of information that companies must communicate to their employees and when it must be provided (Art . L. 1221-5-1, R. 1221-34 and R. 1221-35 of the Labor Code).

This decree contains a list of information that must be provided to workers with fixed-term or permanent contracts no later than 7 days and then 1 month after the date of employment. It also offers employees on fixed-term contracts the opportunity to request a list of vacant positions on permanent contracts.

Information must be provided within 7 days of hire

• The identity of the parties to the employment relationship

• Workplaces (and employer address, if clear)

• Job title, functions, socio-professional category or professional category

• Hiring date

• Duration and conditions of the probationary period*

• For the temporary worker: the identity of the user company as soon as it is known

• The components of the remuneration*, shown separately, including increases for overtime as well as the frequency and payment methods of this remuneration

• Daily, weekly, monthly working hours* or their agreements over a period of more than one week

• The conditions under which the employee may be required to work overtime or additional hours and any modalities regarding shift changes in the case of work organization in consecutive alternating shifts

Information must be submitted within the month of hire

• The right to training* by the employer (Art. L.6321-1 of the Labor Code)

• The duration of paid leave* to which the employee is entitled or the methods used to calculate that duration

• The procedure to be followed by the employer and employee in the event of termination of their employment relationship*

• Collective agreements and agreements that apply to employees in the company

• Thethe compulsory systems to which the worker is affiliated*, the mention of the supplementary social protection contracts from which the workers benefit in application of a collective agreement or a DUE and, if applicable, the associated seniority conditions

* Regarding the underlined provisions: Your notice may take the form of a reference to the legal and regulatory provisions or to the traditional provisions in force

Sanctions for failure to pass on information that must be passed on to employees

The texts do not provide for any sanctions. Article R. 1221-41 of the Labor Code provides that the employee who does not receive the legal information within the above-mentioned deadlines must first notify his employer and only if there is no response within a period of 7 days from the date The employee can appeal the latter to the labor court. The sanction should be compensation based on the damage suffered and proven by the employee.

For fixed-term employment contracts: New obligation to provide information about vacancies

The employee with a fixed-term contract and an uninterrupted length of service of at least 6 months in the company can request the list of permanent positions. Fixed-term contract to be completed.

• This request must be made by any means indicating a specific date for receipt.

• The employer must respond within one month by submitting a list of permanent positions to be filled that corresponds to the employee's professional qualifications.

• The employer is not obliged to respond if the employee has already made two inquiries in the current calendar year.

Article D. 1242-8-1 of the Labor Code establishes that, for companies with fewer than 250 employees, the response may be verbal from the second request of the employee, if this is the case is identical to what was stated in the first request. We still recommend, for obvious reasons of proof, that you always respond in writing.

Our recommendations to take into account the obligations arising from the decree implementing Directive 2019/1152

Article L. 1221-5-1 of the Labor Code specifies that this information must be provided as part of “one or more written documents”. We recommend including all of this information in the employment contract.

For security reasons, we recommend that the missing information be sent in writing to the affected employees with regard to ongoing employment contracts.