The forfait jours system is now widely used in some companies to organize the working time of employees who have a high degree of autonomy in carrying out their duties. Governed by the French Labour Code, the forfait jours system is subject to specific rules designed to ensure a balance between professional requirements and compliance with rest periods. Its implementation and operation are therefore subject to several conditions that companies must respect.
What is the forfait jours system for executives?
The forfait jours system is a way of organizing working time in which working time is no longer counted in hours, but in the number of days worked over the year. This arrangement mainly applies to executives whose work cannot easily be structured around fixed hours.
Unlike the traditional system based on a 35-hour workweek, an employee on a forfait jours arrangement organizes their working time more independently. The employer does not closely monitor the number of hours worked each day, but ensures that the employee complies with the number of working days set for the year.
How many days does an executive on a forfait jours arrangement work?
For a full-time employee, the forfait jours arrangement is generally set at 218 working days per year. This cap is the most common limit provided for by the French Labour Code, unless otherwise specified in a collective agreement.
This number of days is determined by taking into account the annual calendar, paid leave, and additional rest days. Employees on a forfait jours arrangement do in fact benefit from RTT days, which make it possible to adjust the number of days worked over the year and ensure compliance with rest periods.
In some companies, however, the collective agreement may provide for a cap lower than 218 days in order to grant more rest days to the employees concerned. The exact number of days worked may therefore vary depending on how working time is organized within the company.
Who can be on a forfait jours arrangement?
The forfait jours arrangement cannot be applied to all employees. The law provides that it mainly concerns executives who have real autonomy in organizing their schedule and whose working time cannot be predetermined.
These are generally executives who organize their own assignments, travel, or schedule, without being subject to strict monitoring of their working hours by the employer. This autonomy is an essential condition for benefiting from a forfait jours arrangement.
In some cases, non-executive employees may also be concerned. This may apply where the nature of their duties does not make it possible to determine a precise working time in advance and where they also enjoy a certain degree of autonomy in organizing their work.
However, the implementation of a forfait jours arrangement must always be provided for by a collective agreement, such as a branch agreement or a company agreement. An individual forfait agreement must also be signed between the employer and the employee for this working time arrangement to apply.
How does the forfait jours system work on a daily basis?
Under a forfait jours arrangement, working time is not counted in hours. The employee therefore organizes their working hours freely, provided they comply with the number of working days set out in the forfait agreement.
In practice, an employee on a forfait jours arrangement can adapt their schedule according to their workload. Some days may be longer than others, while some may be shorter. What matters is not the number of hours worked each day, but compliance with the number of working days over the year.
However, this system is based on one essential principle: the employee’s autonomy. The executive must be able to organize their work independently, without being subject to strict control of their working hours by the employer.
To prevent abuse, the employer must also monitor the employee’s workload and ensure that rest periods are properly respected. Regular meetings may in particular be organized to assess workload and the balance between professional and personal life.
What rest days apply under a forfait jours arrangement?
Even though working time is counted in days rather than hours, employees on a forfait jours arrangement are entitled to mandatory rest periods provided for by the French Labour Code. These rest periods are intended to ensure a balance between professional and personal life.
Like all employees, executives on a forfait jours arrangement must benefit from a minimum daily rest period of 11 consecutive hours between two working days. They are also entitled to a weekly rest period of at least 35 consecutive hours, generally made up of Sunday rest and one additional day.
In addition to these rest periods, employees on a forfait jours arrangement often receive additional rest days, commonly referred to as RTT days. These days help balance the number of days worked over the year and ensure compliance with the cap set in the forfait agreement.
What pay applies to an executive on a forfait jours arrangement?
Switching to a forfait jours arrangement does not automatically lead to a change in salary. Pay is generally set out in the employment contract or in the forfait agreement signed between the employee and the employer.
Employees on a forfait jours arrangement are, in principle, entitled to pay that reflects their responsibilities and level of autonomy. The employer must ensure that the salary remains consistent with the workload assigned to the employee.
Under this arrangement, since working time is not counted in hours, employees on a forfait jours arrangement generally do not receive overtime pay. Their salary is supposed to take into account the flexibility linked to this way of organizing work.
However, the employer must regularly monitor the employee’s workload and ensure compliance with rest periods. If these obligations are not respected, the forfait jours agreement may be challenged, and the employee may then claim payment for overtime.
Can an employee refuse a forfait jours arrangement?
A forfait jours arrangement cannot be imposed unilaterally on an employee. Its implementation requires the employee’s consent, formalized by the signing of an individual forfait agreement included in the employment contract or in an amendment to it.
An employer may offer an employee the option of switching to a forfait jours arrangement, but the employee remains free to accept or refuse this working time organization. In the event of refusal, the employee generally continues to work under the working time system applicable within the company, often based on an hourly calculation.
However, some situations may differ when the forfait jours arrangement is an essential condition of the position, particularly for certain management roles. In that case, the employer may consider that the proposed work organization is necessary for the performance of the duties.
In all cases, the implementation of a forfait jours arrangement must comply with several conditions. It must be provided for by a collective agreement, and the individual agreement signed with the employee must specify the number of working days in the year as well as the arrangements for monitoring workload.
How many RTT days does an executive on a forfait jours arrangement get?
The number of RTT days depends on the number of days worked over the year, the calendar, and the number of public holidays. In most companies, an employee on a forfait jours arrangement generally receives around 9 to 12 RTT days per year, in addition to paid leave.
The calculation may vary depending on the collective agreements applicable within the company and the working time organization provided for the employees concerned.