Transparent and predictable working conditions: Modification of the Labour Code

The Chamber of Deputies finally proceeded to the first vote on 26 June 2024 for the bill 8070 amending the Labor Code. The purpose of this bill is to transpose Directive (EU) 2019/1152 dated 20 June 2019 on transparent and predictable working conditions.

For the moment, the bill is awaiting exemption from a second vote by the Chamber of Deputies. The publication date is not yet known but should be imminent. It will come into force 4 days after publication in the Journal Officiel.

Bill 8070 provides among other things:

  • Modification of article L. 010-1 of the Labor Code, introducing a system to protect employees from all forms of retaliation (including dismissal with notice), in the event of an action aimed at enforcing rights that are provisions of public order;
  • Modification of the rules governing apprenticeship;
  • Modification of article L. 121-4 (2) of the Labor Code, concerning the compulsory terms of employment contracts, introducing new terms such as (non-exhaustive list):

- The possibility of stipulating in the employment contract the free determination of the place of work;

- The terms and conditions relating to the provision of overtime and its remuneration;

- The conditions governing the application of a trial period.

For current contracts, the employee will be able to ask his employer for a new document in line with the aforementioned article, and the employer will then have 2 months to provide the new document;

  • Addition of a paragraph (8) to article L. 121-4 of the Labor Code, introducing the nullity, except on objective grounds, of a clause in an employment contract prohibiting another employment relationship outside the hours worked for the employer.

Penalties: failure to comply with the provisions of article L. 121-4 may result in a fine of between EUR 251 and EUR 5,000 per employee, which may be doubled in the event of a repeat offence within 2 years.

  • Modification of articles L. 122-2 et seq. of the Labor Code concerning fixed-term employment contracts;
  • Addition of an article L. 123-3bis to the Labor Code, stipulating that on expiry of the trial period, an employee who has been working for at least 6 months may submit a written request to the employer, once every 12 months, either to take up or resume full-time employment, or to return to part-time employment. The employer is obliged, within 1 month, to make the change by mutual agreement, or to state the precise reasons for refusal in writing. 

Penalties: risk of a fine of between EUR 251 and EUR 5,000 per employee, which may be doubled in the event of a repeat offence within 2 years.

  • Additional details concerning first-aid and fire-fighting training: training must be provided free of charge and, wherever possible, during working hours. Time spent on such training will be considered as working time.