Can employers still rely on "forfait jours" agreements to opt out of the 35 hour working week limit in France?
A series of collective bargaining agreement provisions implementing this working time arrangement have been declared null and void by the French Supreme Court, leaving companies with no other solution than to pay overtime to executives for the time exceeding 35 hours per week over a period of 5 years.
Employers, who can rely on a valid collective bargaining agreement, can also struggle in practice with the implementation of such working time arrangements as they should account for the number of days' worked and not worked, give a minimum rest period of 11 hours between two working days and ensure that the workload is not excessive. Failure to implement such measures will render this working time arrangement ineffective and will allow the employees to claim overtime and back-pay.
Many employers in France are therefore at risk and should audit their collective agreements and company practices to avoid large scale payments of overtime and damages.
The conference will be conducted in French.
For further details and to register a place, please e-mail my PA – Marie Oyhenart. Further details can also be found on our website: paris-employment-law-conference.