SYNTEC signs an agreement on duration of work in days “forfait-jours” and the right to disconnect

The SYNTEC branch has signed innovative agreements to meet the expectations of companies and employees. We will develop here the agreement on duration of work and the right to disconnect.

The aim of this agreement is to open up the beneficiaries of the duration of work in days “forfait-jours” while clarifying the rules on rest periods, the length of working days and the monitoring of the workload of employees on this duration of work, and to introduce the implementation of a disconnection referent.

The agreement on disconnection reaffirms this right, which aims to respect rest periods, paid leave and private life. The employer must therefore implement all the necessary measures, including the setting up of a warning procedure in the event of recurrent use of digital tools during rest periods.

The agreement also specifies the obligation, in companies with more than 250 employees, to appoint a disconnection referent who will have a role in raising awareness and spreading good practice. He or she will also be part of the warning procedure.

To find out more, we invite you to read our article on the referent and the right to disconnect.

As far as the duration of work in days “forfait-jours” is concerned, it was, until now, reserved for:

• Employees with an annual remuneration exceeding twice the annual social security ceiling (87,984 euros gross per year in 2023).
• To executive (“cadres”) staff falling under at least position 3.1 of the classification of the collective agreement.
• To company representative.

The new agreement opens up the benefit of the “forfait-jours” day to “cadres” from position 2.3 of the classification.

Note that employees on “forfait-jours” benefit from an increase in the minimum wage of the collective agreement of 20% for “cadres” from position 3.1 (already in place before the mentioned agreement) and 22% for “cadres” in position 2.3.

If a company wishes to apply the “forfait-jours” to an employee with a lower classification (such as a sufficiently autonomous non-executive), a (company) collective agreement will still be necessary.

The agreement also specifies the procedures for monitoring workload, the length of working days and respect for the balance between private and professional life.

In this respect, there were initially two mandatory interviews for employees on “forfait-jours” (as opposed to only one mandatory by law). The agreement is now modelled on the Labour Code and will only require one interview when it comes into effect.

Beware, if the contract requires two interviews (which must be the case if the contract was put in place before the agreement came into effect), this frequency must always be respected or an amendment to the employment contract must be concluded!

The branch agreement will take effect on the first day of the calendar month following the date of publication of the extension order in the Journal Officiel and immediately for companies that are members of an employers' organisation that has signed the agreement.

Our teams can advise you on how to manage these new measures. Do not hesitate to come back to us if you wish to be accompanied.