French workers win legal right to avoid checking work email out-of-hours

[Independent voter]

Can't hit your kid, can't read email after hours, what's next? I would be too afraid of something happening without my knowing if I didn't read texts and emails. Does this include texts? Texts are more important to emails at least to me.






https://www.theguardian.com/money/20...l-out-of-hours

From Sunday, French companies will be required to guarantee their employees a “right to disconnect” from technology as the country seeks to tackle the modern-day scourge of compulsive out-of-hours email checking.
On 1 January, an employment law will enter into force that obliges organisations with more than 50 workers to start negotiations to define the rights of employees to ignore their smartphones.
Overuse of digital devices has been blamed for everything from burnout to sleeplessness as well as relationship problems, with many employees uncertain of when they can switch off.
The measure is intended to tackle the so-called “always-on” work culture that has led to a surge in usually unpaid overtime – while also giving employees flexibility to work outside the office.
“There’s a real expectation that companies will seize on the ‘right to disconnect’ as a protective measure,” said Xavier Zunigo, a French workplace expert, as a new survey on the subject was published in October.
“At the same time, workers don’t want to lose the autonomy and flexibility that digital devices give them,” added Zunigo, who is an academic and director of research group Aristat.
The measure was introduced by labour minister Myriam El Khomri, who commissioned a report submitted in September 2015 which warned about the health impact of “info-obesity” which afflicts many workplaces.
Under the new law, companies will be obliged to negotiate with employees to agree on their rights to switch off and ways they can reduce the intrusion of work into their private lives.
If a deal cannot be reached, the company must publish a charter that would make explicit the demands on, and rights of, employees out-of-hours.

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Trade unions which see themselves as guardians of France’s highly protected workplace and working week of 35 hours have long demanded action. However, the new “right to disconnect”, part of a much larger and controversial reform of French labour law, foresees no sanction for companies which fail to define it.
French newspaper Libération praised the move in an editorial on Friday, saying the law was needed because “employees are often judged on their commitment to their companies and their availability”.
Some large groups such as Volkswagen and Daimler in Germany or nuclear power company Areva and insurer Axa in France have already taken steps to limit out-of-hours messaging to reduce burnout among workers.
Some measures include cutting email connections in the evening and weekends or even destroying emails automatically that are sent to employees while they are on holiday.
A study published by French research group Eleas in October showed that more than a third of French workers used their devices to do work out-of-hours every day. About 60% of workers were in favour of regulation to clarify their rights.
But computing and work-life balance expert Anna Cox from University of College London (UCL) said companies must take into account demands from employees for both protection and flexibility. “For some people, they want to work for two hours every evening, but want to be able to switch off between 3 and 5pm when they pick their kids up and are cooking dinner,” she said. Others are happy to use their daily commute to get ahead before they arrive in the office, she explained.
Furthermore, she said the world of work was changing as rapidly as the technology, with more and more employees working remotely or with colleagues in other time zones. “Some of the challenges that come with flexibility are managing those boundaries between work and home and being able to say ‘actually I am not working now’,” she said.
One of the positive effects of the law will be to encourage “conversations with people working together about what their expectations are”, said Cox.

[Azadina]

I think it's fair enough. If you want someone to work for you 8 hours, and be available at all times outside of that, then be prepared to pay more than 8 hours.

[Vankrys]

it's entirely up to you to continue reading business emails and take calls for or from work, and frankly, most people that are into their job do it. You can't be blame for not be on call 24/7 anymore, that's just what it says.

I see nothing wrong with that. Of course it may depend on your profession and your work contrat.

beyond that, what bug/worry me about France lately, is the sudden need to legislate every single aspect of everyday life. Common sense doens't work anymore?

[Snorkles]

Can't hit your kid, can't read email after hours, what's next?

Nothing in the article suggests this is the goal. Seems more about defining what exactly a company expects from employees out of work hours, and what employees want from the company.

Personally, my desire to work extra hours is entirely dependent on 1) Remuneration and 2) How much of a dick my boss has been that week.

[Leyre]

now this is a good fucking law

[Activi-T]

beyond that, what bug/worry me about France lately, is the sudden need to legislate every single aspect of everyday life. Common sense doens't work anymore?

Common sense has never and will never be a tangible measure of anything. What's common sense to you isn't to Fred down the street. It's the job of good government (in most of Europe at least) to provide protections in law for their citizens, not being 'abused' by your parents and not being taken advantage of by your employer fall under that.

If your work wants you to be contactable at all times they can include that in your contract and pay you for the privilege.

[Nitros14]

Reading americans' responses to these kinds of threads makes me think that America is so angry as a country because they generally work so much and are so stressed; they have no time for themselves.

[Sunseeker]

Just because your boss is up at 4am and is on a kick about something doesn't mean you also need to be up at 4am to respond to him. All the law is saying is that your boss can't punish you for not wanting to work during hours you're not being paid to work.

[Endus]

Can't hit your kid, can't read email after hours, what's next? I would be too afraid of something happening without my knowing if I didn't read texts and emails. Does this include texts? Texts are more important to emails at least to me.

The law isn't about PREVENTING you checking your work e-mail after hours, it's about preventing you being REQUIRED to do so by your employer. You can't be considered on-call just because e-mail is easy to check, not unless they're paying you extra to do so, since you're no longer just working your 8 hours a day; you're on-call during every waking hour, effectively.

It's that whole "expecting you to provide that extra after-hours work for free" garbage that the law is attacking.

[ranzino]

Just because your boss is up at 4am and is on a kick about something doesn't mean you also need to be up at 4am to respond to him. All the law is saying is that your boss can't punish you for not wanting to work during hours you're not being paid to work.

Question is how much you are "obliged" to work just because they throw some money at you, after regular work hours are off.

[serenka]

This law isn't saying you cannot check your work email while out of work, its to stop a worker from being required to check work emails, out of work hours. which is a good thing imo. An employer should not expect an employee to deal with work stuff, outside of working/paid hours. Ive been in jobs before where i worked 8 hours a day, but was expected to be available and to reach and respond to work related emails pretty much 24 hours a day, so that really sucks. lucky French.

[Sunseeker]

Question is how much you are "obliged" to work just because they throw some money at you, after regular work hours are off.

Absolutely ZERO. I am paid to work between 8am and 6pm. I am not paid to work between 6pm and 8am. Therefore I am not obliged to work during those hours.

Now, there's no law here in my state of Wyoming that protects my opinion on the subject, and I have seen bosses punish people who don't respond to them during their off-hours. But really it's a very simple concept. If you want me to do work, you have to pay me. If you want to say "hey I'll raise your pay by X amt during your work hours but you'll have to respond to my emails at 4am" that's a contact thing to work out. Responding to out-of-hours work stuff is not something I'm paid to do. Some people are.

[Tomyris]

How is this bad? Or is it the envy talking?

[Tulune]

Reading americans' responses to these kinds of threads makes me think that America is so angry as a country because they generally work so much and are so stressed; they have no time for themselves.

Not this American, I agree with France. If I'm not on the clock, leave me the fuck alone.

[Zandalarian Paladin]

You misinterpret the law. But it's clear enough that most people who've read it already corrected you.

[ranzino]

I am paid to work between 8am and 6pm. ....

Mondieu
Naturellement french workers are blessed with 35 h/week only and even if they work more, employers are obliged to bring it down to 44 h/week in every quarter of the year.

[Kraenen]

Isn't this sort of how most businesses operate these days? Seems like you're stifling yourself against international competition.

[analmoose]

now this is a good fucking law

Right? As someone managing projects, I work already at least 12 hours a day and usually another 2 or 3 hours of emailing on my own time most nights. Eventually I just get fed up and say fuck it, but it's always expected and almost enforced that you always read and respond emails as they're sent.

[TrumpIsPresident]

I think it's fair enough. If you want someone to work for you 8 hours, and be available at all times outside of that, then be prepared to pay more than 8 hours.

Then those people shouldn't expect raises or promotions.

They are saying all they want to do is the bare minimum and so they should be compensated the bare minimum.

I was raised to understand that making yourself an asset to a company is one of the key ways you advance and succeed.

Before that meant a guy going in early, staying after hours, working weekends, seeing his family less and having less time to himself.

Today's technology lets us carry our work in our pocket and choose the degree to which we want to interact with it during our off time.

Now people want to retard that progress?

Fine whatever, its not like I don't see some reasoning behind it, but they should be fully aware that harder workers will always be there to step up to take their place.

Hell if I was looking to advance in a company that just got shit on by this ruling I'd be sending a note to all the division heads saying "don't worry you can still reach ME by email".

[Tomyris]

Then those people shouldn't expect raises or promotions.

They are saying all they want to do is the bare minimum and so they should be compensated the bare minimum.

I was raised to understand that making yourself an asset to a company is one of the key ways you advance and succeed.

Before that meant a guy going in early, staying after hours, working weekends, seeing his family less and having less time to himself.

Today's technology lets us carry our work in our pocket and choose the degree to which we want to interact with it during our off time.

Now people want to retard that progress?

Fine whatever, its not like I don't see some sort of reasoning behind it, but they should be fully aware that harder workers will always be there to step up to take their place.

Hell if I was looking to advance in a company that just got shit on by this ruling it would I'd be sending a note to all the division heads saying "don't worry you can still reach ME by email".

No one stops those who want to stand out to read the emails in their free time. What the law does is to prevent companies to force you to do it. If they force you how are you going to get that promotion if ''extras'' are the norm?