Changes to French Labour Law – the "El Khomri" law.
The adoption of the "El Khomri" labour law reforms: In August 2016, the new labour laws were adopted and are coming into force between 2016 and 2018. More decrees under the new law will be published over the coming months.
Collective bargaining: One of the objectives of the new rules is to give employers greater flexibility by making it easier to introduce internal company collective policies and agreements. These company collective policies could potentially provide employees with lower benefits than under branch collective agreements primarily in respect of the rules on work duration (e.g. overtime, working hours, night work, holiday etc.).
There are new rules governing the validity of company collective agreements and the requirements for union sign off.
In addition over the next 2 years there will be changes to and re-negotiation of numerous branch collective agreements.
For companies with less than 50 employees the government will publish template collective policies to assist the collective negotiation process.
Other reforms: Apart from changes to the collective bargaining regime, the new law will introduce changes across a range of labour law areas from works councils and foreign workers through to family protection.
Action required:
- Become familiar with the detail of the new rules as the detailed decrees are published and consider what changes can or need to be implemented.
- Note that companies now have greater freedom to negotiate on many subjects.
Medical examinations
New medical examination requirements: The mandatory pre-hire medical exam is replaced by a new 'visit of information and prevention'. This can take place within 3 months of hiring, and can be conducted by a nurse.
The requirement to organise medical examinations for staff every 2 years, or after a long absence, will also change. The number of examinations will instead depend on the specific working conditions and the employee's health.
Effective from January 1, 2017.
Action required:
- Understand and become familiar with the new rules to ensure a compliant practice in the New Year.
- Revise internal practices and procedures to ensure compliance.
Fitness for work
New rules when determining fitness for work: The new fitness for work rules:
- permit employers to rely on one medical examination when determining whether someone is fit for work;
- permit dismissals of unfit employees without first having to search for an alternative role, provided the doctor confirms redeployment is impossible for health reasons; and
- require employers to consult the staff representatives before redeploying a sick employee to an alternative role, which they are fit to perform.
Action required:
- Understand and become familiar with the new rules to ensure a compliant practice in the New Year.
- Review and revise internal practices and procedures to ensure compliance.
- Remember to consult with the staff representatives before redeployment takes place.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
