The law of July 24, 2024, amending the Labour Code, (...) with a view to transposing Directive (EU) 2019/1152 came into force on 04/08/2024, here are the main new features :

 

1/ Review of mandatory information in employment contracts

  • Addition of a mandatory statement concerning the terms and conditions of overtime work and its remuneration, as well as, where applicable, all terms and conditions relating to shift changes.
  • Addition of a compulsory statement concerning remuneration: all wage supplements, wage accessories, bonuses or profit-sharing that may have been agreed, which must be indicated separately.
  • Addition of a mandatory statement concerning the conditions governing the application of any trial period.
  • Addition of a mandatory statement concerning the procedure to be followed by the employer and the employee in the event of termination of the employment contract, including the formal conditions and notice periods to be respected.
  • Addition of a mandatory statement concerning the identity of the social security institution collecting social security contributions and the related social protection scheme.
  • Addition of a mandatory mention concerning right to training granted by the employer (where applicable).
  • Invalidity of "exclusivity" clauses unless they are justified by overriding and objective interests such as health and safety in the workplace, protection of business confidentiality, integrity, etc.

ITM has updated its website, so you can now find all the information that must be included in an employment contract here:

What about employment contracts signed before 04/08/2024?

Only if the employee so requests will you be obliged to provide him or her, within 2 months, with a document (new contract or rider) that complies with the new rules.

 

2/ The employer may send the employment contract in electronic format, provided that

  • the employee has access to it,
  • the contract can be saved and printed, and
  • the employer keeps proof of transmission or receipt.

 

3/ New features for fixed-term contracts

  • A trial period limit is now set: the trial period may not be less than 2 weeks, nor more than a quarter of the duration of the fixed-term contract (e.g. maximum 6-month trial period when the contract is concluded for a maximum duration of 24 months).
  • An employee who has been working for the same employer for at least 6 months may request, once every 12 months, to convert his fixed-term contract into a permanent one, maintaining all the other rights and obligations attached to it -> Within one month, the employer must either modify the contract by mutual agreement OR state precisely and in writing the reasons for refusing to grant the employee's request.

 

4/ New features for part-time contracts

  • If a part-time employee's employment contract does not specify the number of hours to be worked and how they are to be distributed, the employee is presumed to be employed on a full-time basis.
  • An employee who has been working for the same employer for at least 6 months may request, once every 12 months, either to take up or resume full-time employment, or to take up or resume part-time employment -> Within one month, the employer must either modify the contract by mutual agreement OR state precisely and in writing the reasons for refusing to grant the employee's request.

 

5/ Free training provided by the employer

  • When the employer is required, in accordance with legal, regulatory, administrative or statutory provisions, collective bargaining agreements, provisions arising from collective bargaining agreements or inter-professional social dialogue agreements declared to be of general obligation, to provide training to the employee for the performance of the work for which he is engaged, this training must be provided free of charge to the employee during his working time, the hours devoted to this training must be considered as actual working time.

 

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