Summary
What is the legislation?
The law of August 20, 2008 on the reform of working time standardized the system for flexible working hours. Have thus been merged:
- the modulation of working time;
- reduction of working time by allocation of RTT days over 4 weeks;
- the reduction of working time by allocating RTT days over the year;
- cycle work;
- modulated part-time.
However, the agreements concluded before on August 20, 2008, resulting in a partial overlap of the 2 regimes.
Implementation of working time arrangements
The organization of working time is in principle the result of a collective agreement. A company or establishment collective agreement or – failing that, a collective agreement or branch agreement – can define the arrangements for adjusting working time and organize the distribution of working hours over a period longer than the week and at most equal to the year.
Such an agreement must provide :
- the conditions and deadlines for giving notice of changes in duration or working hours;
- limits for counting overtime;
- the conditions for taking into account for the remuneration of employees, absences as well as arrivals and departures during the period.
In the absence of a collective agreement, the employer may, by referring to the provisions of the Labor Code (articles D. 3122-7-1 to 3122-7-3), arrange the working time in his company. These provisions specify that:
- the working hours of the company or establishment can be organized in the form of working periods, each lasting a maximum of 4 weeks;
- the employer draws up the indicative schedule for the variation in working time. This program is submitted for opinion, before its first implementation, to the works council or, failing that, to the staff representatives, if they exist. Modifications to the variation program are also the subject of consultation with the works council or, failing that, the staff representatives, if they exist;
- the employer communicates at least once a year to the works council or, failing this, to the staff representatives, a report on the implementation of the program indicative of the variation in working hours;
- employees are notified of changes to their working hours within at least 7 working days before the date on which this change occurs.
There are special cases :
- if the employees are part timethe agreement must provide for the methods of communication and modification of the distribution of the duration and hours of work;
- when businesses operate continuouslyan agreement is not necessary, the organization of working time can be organized over several weeks by decision of the employer.
Modifications of schedules by a business manager do not justify the termination of the employment contract unless they lead to an “increased work constraints” (examples: day work transformed into night work) or if the schedule has was decisive in the conclusion of the employment contract.
However, the employer must always inform the works council (if there is one) and the labor inspector when he wishes to change the working hours of his staff.
Note: Concerning the new system for counting overtime, see our sheet on overtime.
Wage smoothing
The smoothing of remuneration makes it possible to pay a constant salary to the employee, even if the hours vary from month to month. This smoothing is provided for in the collective agreement, or failing that, by the Labor Code. In the latter case, the employee’s monthly remuneration is calculated on the basis of 35 hours per week.
Part-time work
To be considered as a part-time employee, the working time must be less than the legal duration or the contractual duration applicable in the company, that this be assessed over the week (i.e. 35 hours per week), the month (i.e. 151.67 monthly hours) or year (i.e. 1607 annual hours).
Part-time work is set up by a collective agreement, either by decision of the employer, or following the request of the employee.
The employee can thus ask to switch to part-time in the event of parental leave for education or leave for business creation.
For there to be part-time work, a collective agreement, a branch agreement, a company or establishment agreement or agreement must have been concluded. Failing this, the opinion of the works council or staff representatives is required. If there is no staff representation, part-time work can be set up on the initiative of the company manager or at the request of the employees, after informing the labor inspector.
The employment contract specifies the distribution of working time of each day worked between the days of the week or the weeks of the month, as well as the conditions for the possible modification of this distribution. If this occurs, the employee must be informed at least 7 days in advance.
Part-time employees benefit from the same guarantees as other employees in proportion to the duration of work performed in certain cases (severance pay, retirement, etc.).
If the employee works beyond of the part-time period provided for in his contract, he may claim an increase in his salary, an exemption from income tax and a reduction in employee social security contributions, under the conditions and limits provided for by law of August 21, 2007 known as the “TEPA Law”.
The refusal of an employee to work overtime beyond the limits provided for in his contract or within these limits but being notified less than 3 days in advance, does not constitute a fault or a reason of dismissal.
Schedule arrangements for the practice of a sport
This advantage is aimed at employees engaged in “the regular and controlled practice of a sport”. In practice, it is a facility essentially reserved for high-level athletes subject to intensive and regular training carried out under the responsibility of a national sports federation.
The request must be made to the works council or directly to the company manager.
C. work. : Art. L.212-1 to L.212-9. Law of August 20, 2008.
