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Under the Labour Code, the obligation to implement a regime ensuring the right to disconnect constitutes a mandatory legal requirement applicable whenever employees use digital tools for professional purposes. This obligation applies to all employers, regardless of their size or number of employees.
Although the law introducing administrative sanctions was adopted on 28 June 2023, their entry into force has been deferred to 4 July 2026.
Accordingly, all employers are required to implement a specific framework governing the practical arrangements for the right to disconnect, including, in particular, technical measures, awareness-raising initiatives and, where applicable, compensation mechanisms.
It should be noted that non-compliance with this obligation may result in an administrative fine ranging from EUR 251 to EUR 25,000, imposed by the Director of the Labour and Mines Inspectorate (Inspection du Travail et des Mines – “ITM”), depending on the gravity and circumstances of the breach.
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.
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