Today, new legislation is coming into force in France that prohibits taking a rest in light commercial vehicles. Forcing employees into this practice is from now on a fifth class penalty offence.
Decree No. 2020-1104 of 31 August 2020, which was published in the French Official Journal (JORF) on 2 September and entered into force today, imposes a penalty on carriers in the event of non-compliance with Article L. 3313-4 of the Transport Code, introduced by Article 102 of the Mobility Law (LOM). This means that a fifth class penalty of €1,500 is imposed on “an employer who forced their employee to take daily or weekly rest on board a light vehicle or in an accommodation that does not provide safety or comfort and hygiene conditions which respect their health,” reads the Decree.
The employer is also penalised when an employee is unable to demonstrate that they spent their recent rest periods in good conditions.
The French association of carriers OTRE has warmly welcomed the new legislation for which it has fought since the publication of Damien Picherau’s report on the situation in the transport industry. According to OTRE, the Decree represents an important step in the fight against illegal practices and so-called ‘social dumping’.
Photo: Bartosz Wawryszuk