© - ATH all rights reserved - Edition 2024 34 EMPLOYER’S GUIDE 2024 CONDITIONS FOR IMPLEMENTATION For all such arrangements, an individual written agreement, signed by the employee and the employer, is an essential requirement. Furthermore, to use this system based on an annual number of hours or days, there must be a relevant company agreement or, if not, a sector agreement specifying the terms thereof. The applicable legislation and collective agreements determine the categories of employees who can enter into the different fixed working time agreements. A fixed working time agreement can only be amended by agreement between the employee and the employer. FIXED WORKING TIME AGREEMENT BASED ON HOURS These agreements allow for the inclusion of a foreseeable amount of overtime indicated in the contract to be included in the employee’s working hours and over the period determined. The arrangement can be on a weekly, monthly or annual basis. The agreement lays down lumpsum remuneration including the usual salary and payment of set overtime. If the employee works more hours than the set amount of hours, these hours are counted and paid at the higher rates.Conversely, if the number of hours worked is less than the set amount, the fixed salary must be paid. The system of fixed working time based on hours per week or month is applicable to all employees, both executives and non-executives. Annual fixed working time agreements are only available to : • Executives whose roles do not allow them to comply with the standard working hours applicable within the company, • Executives or non-executives who have total autonomy in how they arrange their use of time. The collective agreement allowing annual fixed working time agreements must include certain details including categories of employees concerned, reference period, number of hours included, conditions regarding absences and so on. Employees under fixed working time agreements are subject to the rules relating to maximum daily and weekly working hours, as well as daily and weekly time off. Even when a fixed working time agreement based on hours has been signed, the employer is nonetheless required to provide proof of the number of hours worked. The overtime quota does not apply to this type of agreement. FIXED WORKING TIME AGREEMENTS 16 What you need to know : A « convention de forfait » (fixed working time agreement) is a specific system of working hours. It allows the employer and employee to agree on a lump-sum remuneration including the usual salary applicable and overtime. This arrangement can be based on hours or days. Not all employees can benefit from such an arrangement.
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