DROIT À LA DÉCONNEXION APRÈS LE TRAVAIL

Summary

The video discusses the 'right to disconnect', a new law effective since January 1st, granting employees the freedom from work-related communications outside working hours, especially in companies with over 50 employees. It emphasizes the importance of this right in maintaining a healthy work-life balance and outlines employers' responsibilities to negotiate with social partners for practical implementation. The video also highlights examples like Volkswagen's server sleep mode and suggests training managers on the risks of constant connectivity. It concludes by encouraging employers to adopt a charter to support this right, warning of potential legal issues if they don't.

Takeaways

• 📅 Since January 1st, employees have a new right: the right to disconnect.
• 👥 This right applies to employees in companies with more than 50 employees.
• 🌐 It's a global first, indicating a shift in labor laws towards work-life balance.
• 📱 The right to disconnect acknowledges the boundary between work and personal time, especially with the constant connectivity provided by smartphones and computers.
• 🚫 Employers cannot penalize employees for ignoring emails or calls received after work hours.
• 📝 Employers are required to negotiate with social partners to define practical modalities for this right.
• 🇩🇪 In Germany, Volkswagen has implemented a server sleep mode for company smartphones from 6 PM to 7 AM to respect the right to disconnect.
• 🏢 For companies without a union representative, the employer must create a charter after consulting with the works council and staff representatives.
• 📚 The charter should include training and awareness actions on the use of digital tools.
• 📉 There are no real sanctions for companies that do not adopt a charter, but it's advisable to do so to prevent legal issues if an employee complains about constant work-related communication during their time off.
• 📢 The speaker encourages viewers to share this information and hopes that the right to disconnect will have practical implications beyond being a theoretical measure.

Q & A

What is the 'droit à la déconnexion'?

The 'droit à la déconnexion' is a new right that came into effect from January 1st, granting employees the right to disconnect from work after working hours.

Which employees are entitled to the 'droit à la déconnexion'?

Employees working in companies with more than 50 employees are entitled to the 'droit à la déconnexion'.

Why was the 'droit à la déconnexion' introduced?

The 'droit à la déconnexion' was introduced to recognize and legally enforce a boundary between work time and personal time, especially in the context of being constantly reachable through devices like smartphones and laptops.

Can an employer sanction an employee for not responding to emails or calls after work hours?

No, an employer cannot sanction an employee for ignoring emails or calls received after work hours due to the 'droit à la déconnexion'.

What is the role of the employer in implementing the 'droit à la déconnexion'?

Employers are required to initiate negotiations with social partners to establish an agreement defining the practical modalities of the 'droit à la déconnexion'.

What are the practical measures that can be taken by an employer to implement the 'droit à la déconnexion'?

Employers can implement measures such as setting up server sleep modes for professional smartphones between official end of day and the next morning, or organizing training days for employees.

What is the consequence for companies that do not adopt a 'droit à la déconnexion' charter?

While there are no direct sanctions for companies that do not adopt a 'droit à la déconnexion' charter, they may face legal repercussions if an employee complains about constant work-related communications during their time off.

How does the 'droit à la déconnexion' apply to managers and supervisors?

Managers and supervisors should also be trained to understand the risks of excessive connectivity and to respect the 'droit à la déconnexion' of their subordinates.

What is the role of the works council or staff representatives in the 'droit à la déconnexion'?

In companies without a trade union delegate, the employer must consult with the works council and staff representatives to develop the 'droit à la déconnexion' charter.

What is the purpose of training and awareness actions in the context of the 'droit à la déconnexion'?

Training and awareness actions aim to educate employees on the proper use of digital tools and the importance of respecting personal time, reinforcing the practical application of the 'droit à la déconnexion'.

How can employees ensure that their employer respects the 'droit à la déconnexion'?

Employees can ensure their employer respects the 'droit à la déconnexion' by being aware of their rights, engaging in negotiations for a charter, and potentially seeking legal advice if their rights are violated.