Background information

Law no. 2023-171 of 9 March 2023 containing various provisions for adapting to European Union law in the fields of the economy, health, labour, transport and agriculture, which transposes Directive (EU) 2019/1152 of 20 June 2019 on transparent and predictable working conditions in the European Union, was the subject of a decree of 30 October 2023. This decree specifies the main information relating to the employment relationship that the employer must provide to the employee, as well as the procedures for preparing and providing this information. This information includes the right to training. This is particularly important in the context of the digital and environmental transition.

Content of measure

The law stipulates that the employer must provide the employee with one or more written documents containing the main information relating to the employment relationship. The decree of 30 October 2023 stipulates that this information includes "the right to training provided by the employer in accordance with article L. 6321-1 of the Labour Code". This article of the Labour Code specifies that the employer must ensure that employees are adapted to their jobs and that their ability to hold a job is maintained, particularly in the light of changes in jobs, technologies and organisations (Labour Code, article R. 1221-34). The provision of this information may take the form of a simple reference (article L. 6321-1 of the Labour Code).

The employer is not obliged to explain or detail this "right to training". The decree specifies that this information must be given to the employee within one month of the date of recruitment (art. R. 1221-35 new of the Labour Code). An employee who has not received the information referred to in the first paragraph may only apply to the competent court to obtain it after giving his employer formal notice to provide him with the required documents or, where applicable, to supplement the documents provided (art. L. 1221-5-1 of the Labour Code).

Use of measure

It applies to the whole workforce of the private sector, and specifically for the workers hired from 1 November 2023.

Target groups

Workers	Businesses	Citizens
Employees in standard employment Workers in non-standard forms of employment	Applies to all businesses	Does not apply to citizens

Actors and funding

Actors	Funding
National government EU (Council, EC, EP)	No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	Consulted	Consulted
Form	Consultation through tripartite or bipartite social dialogue bodies	Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

• No involvement
• Main level of involvement: Peak or cross-sectoral level

Involvement

Social partners were consulted in the framework of the National Commission for Collective Bargaining, Employment and Vocational Training (Commission nationale de la négociation collective, de l'emploi et de la formation professionnelle) on the draft law and on the draft decree.

Views and reactions

Trade unions welcomed the changes introduced in the French legislation.

Sources

• 01 January 2019: Labour code, article L. 6321-1 (www.legifrance.gouv.fr)
• 10 March 2023: Loi n° 2023-171 du 9 mars 2023 portant diverses dispositions d'adaptation au droit de l'Union européenne dans les domaines de l'économie, de la santé, du travail, des transports et de l'agriculture (www.legifrance.gouv.fr)
• 31 October 2023: Décret n° 2023-1004 du 30 octobre 2023 portant transposition de la directive (UE) 2019/1152 du Parlement européen et du Conseil du 20 juin 2019 relative à des conditions de travail transparentes et prévisibles dans l'Union européenne (www.legifrance.gouv.fr)
• 01 November 2023: Labour code, article R1221-34 (www.legifrance.gouv.fr)