© - ATH all rights reserved - Edition 2024 35 2024 EMPLOYER’S GUIDE FIXED WORKING TIME AGREEMENT BASED ON DAYS The system of fixed working time based on days allows employees to be paid on the basis of an annual number of days worked, without calculating hours worked. The annual number of working days is 218 days maximum. A fixed working time agreement can be signed by : • Executives who have autonomy in their use of time and whose duties do not allow them to comply with standard working hours, • Employees whose working hours cannot be predetermined and who have a real autonomy in the organisation of their use of time for fulfilling their responsibilities. Ask us about the minimum clauses that must be included in the collective agreement setting up the fixed working days system. If an annual fixed working time system based on days is applied without a collective or individual agreement, it is deemed invalid and the overtime system is applied. FIXED WORKING DAYS SYSTEM AND WORKING HOURS Employees under the fixed working days system are not required to comply with the requirements relating to maximum daily and weekly working hours. But they benefit from the statutory guarantees related to daily and weekly time off, paid holiday and public holidays within the company. The employer must regularly check that the employee’s workload is reasonable and allows a good balance in their work time. The collective agreement authorising the fixed working days system determines the conditions under which : • The employer assesses and regularly monitors the employee’s workload, • T he employer and the employee periodically discuss the employee’s workload, his/her work/life balance, his/her pay and how work is organised in the company (annual review), • Employees can exercise their right to disconnect. The working hours of employees under the fixed working days system are calculated every year by adding up the number of days or half-days worked. Ask us : if the provisions of the collective agreement on monitoring workload are inadequate, the employer can implement additional measures and thus legitimately sign an individual fixed working time agreement. FIXED WORKING DAYS SYSTEM AND SALARY The employee’s salary must take into account the workload placed on the employee under this system. It is freely determined by the parties ; the amount is not to be compared with the application of increased rates for overtime. FIXED WORKING DAYS SYSTEM AND DAYS OFF Employees under this system can give up some of their days off, if they wish, in agreement with the employer. In this case, the number of days worked over the year cannot exceed 235 days. This extra work time is paid at an increased rate of at least 10 %. An addendum to the individual agreement must be signed. Paid overtime benefits from a reduction of employee contributions and a tax allowance up to an annual limit of € 7,500 and a fixed reduction of employer contributions.
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