The law on the right to disconnect[1] requires employers to put in place a system ensuring that employees who use digital tools for work purposes have the right not to be contacted outside their working hours.The law entered into force on 4 July 2023. However, application of the penalties was deferred for three years — and that period is now almost over. Starting on 4 July 2026, employers may be subject to penalties.
Recap of key points
- Employers are required to implement tangible measures to ensure that the right to disconnect is respected, covering practical and technical arrangements, raising awareness and staff training, along with possible compensation arrangements.
- The staff delegation must be involved in the implementation of the system, with the degree of involvement (either co-decision or information and consultation) depending on the number of employees.
- Employers who fail to introduce a system guaranteeing the right to disconnect risk incurring fines of between EUR 251 and EUR 25,000.
For more details about the content of the law and your obligations as an employer, see our June 2023 Newsflash on the topic.
What should businesses do now?
If they have not already done so, businesses should audit their internal practices without delay and update their policies so they are compliant. Author: Raphaëlle Carpentier 1Law of 28 June 2023 amending the Labour Code to introduce a regime regarding the right to disconnect. How we can help Our Employment Law, Pensions & Benefits team is available to assist you with this exercise and answer any questions you may have.
