The law of 22 March 2012 concerning the simplification of legal and administrative measures has been published in the Official Journal (Law No. 2012-387 of 22 March 2012, JORF: 23 March 2012).
This law contains several provisions on social matters, relating in particular to:
- Reform of working hours: the law has inserted an article L. 3122-6 into the Labor Code, specifying that the distribution of working hours over a period greater than a week up to a maximum of a year laid down in a collective bargaining agreement does not constitute a modification of the relevant employment contract.
- Extending the right to paid leave: up to now, in order to be entitled to paid leave, an employee had to be able to demonstrate that he or she had completed ten days of actual time worked for the same employer. The law has abolished this condition of ten days of actual time worked.
- The notification of disciplinary sanctions: for certain disciplinary sanctions, the employer must convene the employee to a prior meeting. The Labor Code stated that the sanction could be applied at the earliest one full day after the date set for the interview. From now on, the law provides that the sanction may apply at the earliest two working days after the date set for the interview.
- Remote working: the law has inserted three articles concerning remote working into the Labor Code. In particular, it defines the concept of remote working and the employer’s obligations in respect of its employees working remotely.
- Incapacity following an illness or a non-occupational accident: the law now provides that in a case of dismissal, the notice period will not be worked out and the employment contract is broken on the date of notification of dismissal. However, the notice period will be taken into account in calculating severance pay. The failure to work out one’s notice will not give rise to any payment in lieu of notice.