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New French Law Prohibits After-Hours Work Emails

Hugh Pickens DOT Com (2995471) writes "Lucy Mangan reports at The Guardian that a new labor agreement in France means that employees must ignore their bosses' work emails once they are out of the office and relaxing at home – even on their smartphones. Under the deal, which affects a million employees in the technology and consultancy sectors (including the French arms of Google, Facebook, and Deloitte), employees will also have to resist the temptation to look at work-related material on their computers or smartphones – or any other kind of malevolent intrusion into the time they have been nationally mandated to spend on whatever the French call la dolce vita. "We must also measure digital working time," says Michel De La Force, chairman of the General Confederation of Managers. "We can admit extra work in exceptional circumstances but we must always come back to what is normal, which is to unplug, to stop being permanently at work." However critics say it will impose further red tape on French businesses, which already face some of the world's tightest labor laws." (Continues) "However according to Simon Kelner French productivity levels outstrip those of Britain and Germany, and French satisfaction with their quality of life is above the OECD average. "No wonder, we may say. We'd all like to take a couple of hours off for lunch, washed down with a nice glass of Côtes du Rhône, and then switch our phones off as soon as we leave work. It's just that our bosses won't let us.""

26 of 477 comments (clear)

  1. At least someone appreciates work-life balance by Anonymous Coward · · Score: 5, Insightful

    If I'm off the clock, I should be able to completely ignore work and everything work-related. I should be able to leave my work smartphone in the office.

    1. Re:At least someone appreciates work-life balance by pezpunk · · Score: 5, Insightful

      i agree. unfortunately, that's "un-American".

      --
      i could live a little longer in this prison
    2. Re:At least someone appreciates work-life balance by Shakrai · · Score: 5, Interesting

      If I'm off the clock, I should be able to completely ignore work and everything work-related.

      In a fair world you would be able to. Of course, in a fair world people also wouldn't check Facebook during business hours, or read personal e-mails, answer texts/calls their personal cell phones, shop on Amazon, or gossip with their coworkers at the coffee pot/water cooler outside of designated break times.

      The work-life balance tilts both ways. YMMV, but I come out significantly ahead when I compare the personal things I do on company time against the occasional phone call or e-mail I handle during the evening or on the weekend.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:At least someone appreciates work-life balance by fustakrakich · · Score: 4, Insightful

      he last thing France needs is yet another reason for businesses to locate elsewhere.

      Yes, it would be nice if the rest of the world caught up. There is no reason to make anybody work more then 6 hours a day, 30 hours a week...

      --
      “He’s not deformed, he’s just drunk!”
    4. Re:At least someone appreciates work-life balance by Anonymous Coward · · Score: 4, Insightful

      If I'm willing to carry a mobile device outside of business hours, what bureaucrat's business is it to tell me I can't?

      Exactly! If you choose to accept the responsibility of the job, extending to after-hours work, then you should have the right to do so unmolested. However, a business should not *require* this of anyone who is not willing to do it. If the job will need 24/7 support, then the business should be up front about that when hiring for the position.

      The fundamental problem is that it's another Race to the Bottom. Once Company A demands workers do work above and beyond what fits in a workday, then Company B will feel pressed to to likewise to maintain competitiveness. Followed by Company C, and so forth until it becomes the new normal.

      Once upon a time in the USA many localities had laws that forbade businesses to be open on Sundays. That went by the board because it's not just companies that compete - the work-on-Sunday towns touted their lack of restriction when wooing new business just like the South still does with regard to labor unions and right-to-work.

    5. Re:At least someone appreciates work-life balance by jedidiah · · Score: 4, Insightful

      Your lack of planning is not my emergency.

      If you can't manage the boundaries imposed by normal office hours then you have failed to adequately manage your people and resources.

      Most after hours work is just unpaid overtime that companies can only get away with because they have managed to get certain classes of corporate serf declared exempt from labor standards.

      Overtime is a management failure.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    6. Re:At least someone appreciates work-life balance by freeze128 · · Score: 4, Insightful

      What's *REALLY* American is to read work-related emails after work hours ONLY as long as you are COMPENSATED for it. Nobody said we have to work for free!

    7. Re:At least someone appreciates work-life balance by gsslay · · Score: 4

      You're "compensated" by keeping your sorry ass in a job.

      See me in my office first thing tomorrow, Freeze. Security are boxing up your belongings and will escort you from the building. This is the last time you ignore my 1 a.m. emails.

  2. What the French call la dolce vita? by Anonymous Coward · · Score: 5, Insightful

    Isn't that Italian?

    1. Re:What the French call la dolce vita? by kruach+aum · · Score: 5, Insightful

      The original said "whatEVER the French call la dolce vita", implying that the writer of that sentence is aware that French and Italian are two different languages.

    2. Re:What the French call la dolce vita? by Anonymous Coward · · Score: 5, Funny

      Oh well. C'est la vie.

    3. Re:What the French call la dolce vita? by MadKeithV · · Score: 4, Funny

      The French do tend towards language chauvinism.

      Pah, they don't even have a word for entrepreneur.

  3. That's alright... by Anonymous Coward · · Score: 5, Funny

    I already ignore my bosses' emails during working hours.

  4. get rid of salary pay / make it have a high level by Joe_Dragon · · Score: 4, Insightful

    get rid of salary pay / make it have a high level before you get out of having to pay OT.

    once workers start billing OT for doing work stuff at home then it will stop.

  5. Re:A law for everything... by guytoronto · · Score: 5, Insightful

    We don't let people work crazy hours because it allows employers to take advantage of the desperate, poor, and ignorant.

  6. Re:In other news... by Eunuchswear · · Score: 5, Informative

    France fails at having an Internationally competitive workforce.

    Don't be ridiculous, France has one of the most productive workforces in the world (in GDP/worker and GDP/hour worked).

    --
    Watch this Heartland Institute video
  7. The Guardian has it wrong by Orphis · · Score: 5, Informative

    It isn't forbidden to read emails, it is forbidden for employers to require the employees to read them or be reachable through their personal or company phone.
    Employees must be allowed to have a 11h "blackout" between two consecutive working days and 35h during weekends.
    If an employee wants to read emails and do extra work, it's up to him, but it can't be imposed.

    And this is an agreement just for some business types (mainly IT related), not everyone.

  8. Re:get rid of salary pay / make it have a high lev by royallthefourth · · Score: 4, Interesting

    In the 1980's, IBM (among others) invested lots of money to have legislation passed that makes programmers, engineers, and sysadmins into "salaried professionals" so that they wouldn't have to pay overtime.

    The only way that could possibly be reversed is a group larger and more powerful than the owners of tech companies fighting to reverse it; that is to say, the organized tech workers will have fight for our own standard of living. We won't be able to do that until we are actually organized, though. Perhaps the sporadically striking fast food workers who were previously thought to be powerless can set an example for us.

  9. Re:Wrong way to go about it... by Raumkraut · · Score: 4, Insightful

    So what do you do about colleagues in other time-zones? Or on other shifts? Are they not allowed to email you outside of the times you're both at work - assuming there is any overlap at all?

    Email is not IM; it's not designed to require or expect an immediate response. Nothing about sending an email necessitates that it must be acted upon immediately.

  10. Re:A law for everything... by Eunuchswear · · Score: 5, Insightful

    Seriously, if someone wants to work crazy hours, why not let them?

    Nothing stopping you.

    All this says is the boss can't fire you for not replying to his out-of-hours email.

    (Previously, he might have made an attempt to accuse you of "faut grave", a grave dereliction of duty, which could get you fired without unemployment insurance).

    --
    Watch this Heartland Institute video
  11. The Guardian article is not accurate by taikedz · · Score: 5, Informative

    Reading the original article on Les Echos.fr, it seems to me this is not law but an agreement between a coalition of enterprise owners and the unions - they've signed an agreement to implement this.

    La semaine dernière, après six mois de négociation, le patronat des sociétés d’ingénierie et de conseil et des bureaux d’études (Syntec et Cinov) a signé avec la CFDT et la CGC (56% de leurs salariés à elles deux) un avenant à l’accord de 1999 sur les 35 heures qui pourrait avoir valeur d’exemple.

    "Last week, after six months of negotiation, [ a union of ] bosses of engineering, consulting and design departments (Syntec and Cinov) signed with CFDT and CGC [workers' unions] (56% of their joint workforce) an ammendment to the 1999 agreement on the right to 35 hour working week which could set an example [to the rest of the country?]."

    A third union that didn't sign, the CGT, is actually deploring the fact that it still has a loophole allowing it to be ignored, and a previous agreement between the two camps to try and improve working conditions was struck down by a court of law:

    Cela suffira-t-il à convaincre les juges? L’avenant est un nouvel épisode du feuilleton juridique, que les signataires espèrent être le dernier dans leur profession. En avril 2013, la Cour de cassation avait invalidé le précédent dispositif, jugeant le contrôle de l’amplitude et de la charge de travail insuffisant.

    Will it be enough to convince the judges? The amendment is a new episode in this jurisdiction saga, which the signatories hope to be the last in their profession. In April 2013, a high court rejected their last attempt, judging that the control of the amplitude and amount of work insufficient.

    French journalistic style is not as easy to decipher as English-language journalism -- the French style is very fond of appearing as literary as possible. I'll post extra translations at some point if anybody wants.

    --
    -- "Simplicity is prerequisite for reliability." --Dijkstra
  12. Re:In other news... by taylorius · · Score: 5, Insightful

    "France fails at having an Internationally competitive workforce."

    Good for them. In the race to the bottom, France's "failure" sounds more fun than being the winner.

  13. MOD Parent up! by Phreakiture · · Score: 5, Funny

    Mod this guy up because he actuall read all the words and demonstrated the ability to grok basic sentence structure.

    --
    www.wavefront-av.com
  14. Keep dreaming by Noryungi · · Score: 5, Informative

    One point that is not in the original Guardian article is that this is a proposal only, and a proposal that only applies to French companies that are part of the "Syntec" work agreement.

    - Huh?

    Yes, in France, companies can adhere to negociated work agreements (named "accord") that define more precisely than the French laws what is possible and is not possible. Syntec is one such agreement, and it pretty much covers the vast majority of IT firms.

    Now... What you, gentle reader, need to know, is that that the Syntec agreement is not really that nice to IT employees, as it also defines a lot of things (unpaid overtime, etc.) that are not in the interests of the workers, to say the least. And many IT firms choose not to belong to Syntec, but instead to one of the "accords" that are even more constraining. The company I work with (''it-whose-name-shall-not-ever-be-said-aloud'') belongs to an "accord" that is used to define rules... for the steel industry.

    And before anyone starts foaming at the mouth about how French workers are lazy and only work 35h per week: I don't know ANYONE, and I mean ANYONE in France who works 35 hours per week, except maybe a few government employees and McDonald's workers. Yes, I know a lot of people in France who work much longer than that and, yes, I am one of them. Just so you know.

    --
    The right to offend is far more important than the right not to be offended. (Rowan Atkinson)
  15. Re:get rid of salary pay / make it have a high lev by royallthefourth · · Score: 4, Insightful

    See what that gets you after a few years when your salary has effectively dropped 5% due to raises failing to keep pace with inflation. Where do you turn when all the jobs in town are shit and your pay is stagnating? There's not always an individual option available.

    At that point, the only option left will be collective action against the company. The only question remaining is how long it will take for tech workers to pull their heads out of their asses and realize that half of them will never afford retirement at the current pace of things.

  16. Re:Feel free to do so! Just recognize that your by BasilBrush · · Score: 4, Insightful

    And expecting "free" healthcare is in some ways a form of bitching about others being more successful...

    No, it's a sign that you live in a civilised society.

    People shouldn't go bankrupt because they are sick, or have to choose which severed finger to have reattached because they can only afford one. Children shouldn't go without treatment because their parents can't afford it. Yet all those things happen in America.