SYNTEC and duration of work in days “forfait-jours”, don't forget your possibility to sign a company agreement!

The SYNTEC branch has extended the classification of employees who can benefit from the duration of work in days “forfait-jours”.

This will take effect on the first day of the calendar month following the date of publication of the extension order in the Official Journal and immediately for companies that are members of an employers' organisation that is a signatory to the branch.

However, this update only grants the possibility of using the “forfait-jours” to one additional position, 2.3 of the classification.

Yet, this may not always be sufficient to benefit employees whose autonomy would require them to work a fixed number of days per year and not hours per week.

Indeed, a classification should not be applied to allow access to a specific duration of work, otherwise it could have consequences in terms of career management/promotions, minimum wages and equal treatment.

Fortunately, you still have the possibility to extend the access to “forfait-jours” to your employees, even non-executives (“cadre”), as long as they respect the conditions of sufficient autonomy in accordance with article L. 3121-58 of the Labour Code, but only via the conclusion of a company agreement, including in the absence of a CSE (staff representatives) for companies not subject by law to the election of CSE members.

If you wish to discuss your possibilities further, please contact us.