Generally, a full-time employment contract provides for the rule of 35 hours of weekly work. However, the law allows an exception to this rule by subjecting the employee to a fixed-day agreement. Explanations by the Absolute Human Resources working group.
The principle is to count working time in days over the year. So, the employee enjoys greater freedom in organizing their working time. The operation of the day package is regulated by law. The Labor Code* provides that a company agreement or a sector agreement must establish the distribution of working time in fixed days in order to be able to be implemented in an employment contract. It is therefore an individual agreement for a package of days which is formalized by a written act setting out the conditions for its implementation.. Are all employees affected by the distribution of working time into fixed days? ? This working time system is intended for managers or non-managers whose working time cannot be predetermined, having broad autonomy in the management of their working time and exercising functions and responsibilities which do not allow them to submit to a collective schedule. Attention, the days package cannot be imposed on the employee, the latter must give his consent in writing.
What is the number of annual days that can be included in the system? ?
The company agreement determines the number of days worked per year, and within the limit of 218 days. The days worked must be spread over a period of twelve months. Moreover, the employee has the right to days of rest throughout the year, between 8 and 11 days of annual rest on average, in addition to paid vacation. The number 218 being an upper limit, certain collective agreements provide for a day package agreement of less than 218 days.
Is annual maintenance obligatory? ?
Yes, the employer must schedule at least one interview with his employee annually. This interview is structured around the following themes : work organization ; remuneration ; articulation between professional activity, personal and family life ; workload. A report of this interview must be carried out and signed by both parties.. A control document showing the number and date of days or half-days worked must be made available to the labor inspectorate for a period of three years.
Beware of sanctions in the event of non-compliance
In case of non-compliance with monitoring, the flat rate agreement is void and the employee can, in this case, request payment for overtime. The employer may also be ordered to pay damages in the event of non-compliance with the rules relating to rest.
