• Insights

What’s on the agenda for labour law: points to remember for 2023!

24.02.23
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What new provisions might employers have to comply with in 2023, if the laws currently in the pipeline are voted in? ?

  • Introduction of internal reporting channels

Companies with more than 50 employees will have to set up internal reporting channels allowing whistleblowers to inform their employer in confidence about significant breaches of national law.

Private legal companies with between 50 and 249 employees would have a transition period until 17 December 2023 to comply with the obligations relating to internal channels. The transition period mentioned above would not apply to companies in the private sector with 250 or more employees, so they will need to have taken measures to introduce a procedure for internal reporting in order to comply with the law, as soon as it comes into force.

For more information, please see our newsflash dated 22 June 2022..

  • Revising employment contracts and employment contract templates

Employees must be able to ask their employers to provide an employment contract that complies with the new legal provisions, if their contract does not yet comply with them. Employers will have to provide a new contract or an amendment within a deadline of two months of receiving the employee’s request.

As far as future employment contracts entered into after the law comes into force are concerned, employers will have to comply with the new requirements in terms of the content of the contract straightaway.

For more information, please see our newsflash dated 8 September 2022.

  • Mettre en place un dispositif de protection contre le harcèlement moral à l’occasion des relations de travail

This obligation has already been introduced, thanks to the Convention of 25 June 2009 on harassment and violence at work. More specifically, the future law would impose on employers the need to determine what measures to take to protect employees against harassment in the workplace, after informing and consulting with staff representative groups or, failing this, with all staff.

The bill that is currently making its way through the Chamber of Deputies stipulates the minimum measures that must be put in place and adapted to the nature of activities and the size of the company (definition of resources made available to victims, speedy and totally impartial investigation, employer’s obligations when it comes to preventing harassment etc.).

  • Introduction of measures relating to the right to disconnect

The bill, which is still subject to parliamentary discussions, stipulates an obligation to define a specific system to make sure the right to disconnect is respected. For employees using digital devices for their work, employers must introduce a system for the company or sector in question to make sure that the right to disconnect outside working hours is respected.

en_GB