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Reduction of some notice periods and disconnection in the workplace

By Anissa Amallah

 

On March 30, 2018, the Act concerning the strengthening of the economic growth and the social cohesion was published. It implements certain measures that were taken by the government in the summer agreement.

Article 2 of the Act provides for a reduction of the notice periods applicable in case of dismissal by the employer during the first six months of employment. 

As a reminder, the Act of December 26, 2013 on the introduction of the unique status between workers and employees concerning the notice periods had introduced common deadlines for employees and workers which are applicable since January 1, 2014.

New notice periods will apply as of May 1, 2018 :

 
Seniority Less than 3 months Between 3 and 4 months Between 4 and 5 months Between 5 and 6 months
Present 2 weeks 4 weeks 4 weeks 4 weeks
Future 1 week 3  weeks 4 weeks 5 weeks

 

For notices notified until May 1, the current notice periods remain applicable.

In addition, sections 15 to 17 of the Act also require employers to organize a consultation within the company to discuss the "disconnection" of work and the use of digital means of communication. This measure is to ensure the respect of rest periods, annual vacations and other holidays for workers, but especially to maintain a balance between work and private life of the workers. The consultation shall take place within the committee on prevention and protection at work and shall be held at regular intervals. This may result agreements that could be ratified the work regulations or in a collective labor agreement. These sections 15 to 17 came into force on April 9, 2018.

 

 If you wish to have more information, our Employment and Social Security team can help you.