The project of the labour law reform defended by the French government is partially inspired by implemented measures in several countries of Europe, Italy, Spain and Germany.
It allows intern company agreements negotiated between employers, employees and labour unions to replace national branch agreements. This should bring more flexibility in the functioning of the SMEs especially in the management of working hours, extra hours and the vacation. The government was inspired by Germany where this kind of measures allowed to increase the competitiveness and to save numerous jobs in the industry. This reform also redefines the dismissal for economic motive which can be justified now by a turnover decrease or even a degradation of the booked orders. This Labour Law softens this possibility of redundancy.
New legislation was introduced recently for employers of workers who have been posted on short term secondments to Poland.
Employers are now required to send a statement to the National Labour Inspectorate (Państwowa Inspekcja Pracy (PIP)) informing them of their employee’s secondment to Poland. They will also be required to retain documents related to their employee’s secondment on file and must be able to provide these to PIP upon request, as well as appoint a person of contact in Poland to act as a spokesperson. Should an employee already be posted to Poland prior to or on 18th June, employers have three months (until 18th September 2016) to comply with the imposed notification and data retention requirements. This legislation implements European Union (EU) Directive 2014/67/EU (The Enforcement Directive), which Member States were obliged to transpose into their national legislation by 18thJune 2016.