In a previous newsletter we informed you that the Syntec employer union has announced the opening of negotiations between employer and employee unions for the signature of an amendment to the existing working time agreement, which would secure the usage of “forfait jours” (global working day clause).
The negotiators recently came to an agreement which has been extended and is now applicable to the companies of the branch.
As previously announced, the “forfait jours” contains new measures designed to protect the health and safety of the employees working under this arrangement.
Theses measures are the following:
The employer must organize two individual meetings per year as a minimum (previously it was only one) and an additional meeting if the employee faces unusual difficulties. The purpose of these meetings is to discuss the employee’s workload and the balance between private and professional life.
Time tracking system:
The employer must implement a time tracking system which allows to track days worked and days not worked (with the information of the nature of these days: paid leave, compensatory rest days…), system which the employer must provide to the employee and that the employee must complete under the control of the employer.
This tracking time system must also allow the employee to send an “alert” to the employer in case of unusual difficulties. The employer must then organize within 8 days of the “alert” a meeting with the employee in order to find solutions which will have to be recorded in writing.
Posting and disconnection obligation:
Start and end times of minimum daily and weekly rest period must be posted on the company’s premises.
During these mandatory minimum rest periods the employees have the obligation to disconnect from all remote communication tools and the employer has the obligation to allow this disconnection and to monitor the compliance by the employees to this obligation.
As a reminder, the mandatory minimum rest time durations are the following: 11 hours per day and 35 hours per week (11 hours + 24 hours), this being specified that these periods are minimum requirements but should not correspond to the usual daily/weekly working time of employees under global working days clause.
Consequently, Syntec organizations which wish to maintain the use of “forfait jours” have to measure their ability to comply with these new constraints and to adapt their current global working days clauses to these new requirements.
Should you have any questions, please do not hesitate to contact us.