Update: consequences related to the invalidity of the working time scheme in days (“convention de forfait jours”)
For employees whose working hours cannot be predetermined and who have real autonomy in their organisation, the working time scheme can be set in a number of days per year (“convention de forfait jours”) subject to specific conditions and for a maximum of 218 days. In consideration of this number of working days, employees benefit from days of rest on top of their vacation days.
Non-compliance with the provisions related to this specific working time scheme and the related protection of the employee’s health and safety can trigger the right to claim for the payment of overtime hours beyond the threshold of 35 hours of work per week.
By a decision dated January 6, 2021, the French Supreme Court has specified the consequences of the invalidity of the working time scheme in days regarding the days of rest granted to the employee: it has considered that the employer can claim for the reimbursement of the amount corresponding to the days of rest granted to the employee.
Such decision will hence certainly limit the interest of disputes over the validity of the working time scheme in days.
This article has been prepared for informational purposes only. It is not a substitute for legal advice addressed to particular circumstances. You should not take or refrain from taking any legal action based upon the information contained herein without first seeking professional, individualized counsel based upon your own circumstances. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Information by ALARIS AVOCATS, English speaking lawyers in France (Paris) specialized in French labor law, especially any kinds of Social Plans, dismissal procedures and labor contract clauses.