Legal right for French workers to avoid checking work email out-of-hours

French workers in organisations with more than 50 workers now have the ‘right to disconnect’ from technology out of hours as France seeks to establish agreements that afford work flexibility but avoid burnout. The Guardian report that as from 1 January 2017 French companies are required to guarantee their employees a “right to disconnect” from technology as the country seeks to tackle the “modern-day scourge of compulsive out-of-hours email checking”. Under the new law organisations with more than 50 workers are obliged to start negotiations to define the rights of employees to ignore their smartphones. Overuse of digital devices has been blamed for everything from burnout to sleeplessness as well as relationship problems, with many employees uncertain of when they can switch off. The measure is intended to tackle the so-called “always-on” work culture that has led to a surge in usually unpaid overtime – while also giving employees flexibility to work outside the office.

The aim of this update is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided, contact us for further details.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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