Can employers still rely on "forfait jours" agreements to opt out of the 35 hour working week limit in France?
The Paris employment group is hosting a conference on Monday, 15 June 2015, on the 218 days working arrangement commonly used in France for executives and mobile workers (called "forfaits jours").
The Paris employment group is hosting a conference on Monday, 15 June 2015, on the 218 days working arrangement commonly used in France for executives and mobile workers (called "forfaits jours"). This working time arrangement provides an exception to the 35 hour working week. However, the validity of "forfait jours" agreements has been challenged recently before the European Court of Justice as well as the French Supreme Court.
A series of collective bargaining agreement provisions implementing this working time arrangement have been declared null and void by the French Supreme Court, leaving companies with no other solution than to pay overtime to executives for the time exceeding 35 hours per week over a period of 5 years.
Employers, who can rely on a valid collective bargaining agreement, can also struggle in practice with the implementation of such working time arrangements as they should account for the number of days' worked and not worked, give a minimum rest period of 11 hours between two working days and ensure that the workload is not excessive. Failure to implement such measures will render this working time arrangement ineffective and will allow the employees to claim overtime and back-pay.
Many employers in France are therefore at risk and should audit their collective agreements and company practices to avoid large scale payments of overtime and damages.
The conference will be conducted in French.
For further details and to register a place, please e-mail my PA – Marie Oyhenart.
A series of collective bargaining agreement provisions implementing this working time arrangement have been declared null and void by the French Supreme Court, leaving companies with no other solution than to pay overtime to executives for the time exceeding 35 hours per week over a period of 5 years.
Employers, who can rely on a valid collective bargaining agreement, can also struggle in practice with the implementation of such working time arrangements as they should account for the number of days' worked and not worked, give a minimum rest period of 11 hours between two working days and ensure that the workload is not excessive. Failure to implement such measures will render this working time arrangement ineffective and will allow the employees to claim overtime and back-pay.
Many employers in France are therefore at risk and should audit their collective agreements and company practices to avoid large scale payments of overtime and damages.
The conference will be conducted in French.
For further details and to register a place, please e-mail my PA – Marie Oyhenart.