Speaking with Arnaud Dumourier, our partner Marion Kahn-Guerra discussed the proposed comprehensive bill to combat sexual and gender-based violence (SGBV), focusing in particular on the new employment law obligations it would impose on employers.
Dedicated leave for victims, stronger prevention measures, a framework for internal investigations: the bill aims to strengthen victim protection and change workplace practices across four key areas:
1. Dedicated leave for victims of SGBV
Lasting at least 10 days, this leave could be taken in half-day increments so victims can attend to medical, legal, and administrative matters. Supporting documentation would have to be provided to the employer within five days of the start of the leave. Collective bargaining agreements could adjust how the leave works and extend its duration.
2. Stronger prevention and training obligations
Employers would be required to raise awareness among their employees, particularly managers and HR teams. A simple online training module would not be enough: in-person training sessions are planned, with particular attention to vulnerable groups. SGBV-related risks would also have to be included in the company’s mandatory occupational risk assessment document (known in France as the DUERP).
3. A framework for internal investigations
The bill sets out new obligations for employers when a report is made: acknowledging receipt of the complaint, informing the victim of their rights, and promptly opening an investigation. Interviews would have to be transcribed in writing, reviewed, and signed. At the end of the investigation, a report would have to be prepared and a summary shared with the individuals involved, while keeping witness statements confidential.
4. Stronger protection for certain groups
Apprentices would receive, as soon as their contract is signed, a document outlining their rights and the available remedies regarding SGBV and sexual harassment. The bill also includes specific measures for household employees working for private individuals, and would create a dedicated advisor role for preventing sexist violence and behavior in companies with 11 or more employees.
Key takeaways for employers:
- Prepare for stronger prevention and training requirements
- Review internal reporting and investigation procedures
- Update risk prevention documents and tools
- Plan how the new leave will be implemented and monitor developments in collective bargaining
