Day package: Penalty for monitoring workload in the supplementary regimeCass. Soc of January 10, 2024, n°22-15.782
- ptruche
- Feb 2, 2024
- 2 min read
In the event of failure by the employer to comply with one of the obligations provided for in Article L. 3121-65 of the Labor Code, the employer cannot take advantage of the exceptional regime established by this text and the individual flat rate agreement. in days concluded, while the collective agreement opening the use of the flat rate in days does not meet the requirements of article L. 3121-64, II, 1° and 2°, is void By a judgment of January 10, 2024, the Court of Cassation recalls the conditions of validity of a day package agreement, under Article L 3121-65 of the Labor Code, which can be validly concluded provided that: 1° The employer establishes a control document showing the number and date of days or half-days worked. Under the responsibility of the employer, this document can be completed by the employee; 2° The employer ensures that the employee's workload is compatible with compliance with daily and weekly rest times; 3° The employer organizes an interview with the employee once a year to discuss their workload, which must be reasonable, the organization of their work, the relationship between their professional activity and their personal life as well as their remuneration. Referral of a dispute where an employee had been dismissed even though his contract included a flat-rate days agreement, and after having noted on the one hand that the collective agreement allowing the use of the flat-rate days was not in compliance with the provisions of article L 3121-64 of the labor code and that the monitoring tables did not reflect the reality of the days worked by the employee, preventing the employer from ensuring that the workload was compatible with respecting rest times daily and weekly, the Court of Cassation recalls that in the event of failure to fulfill one of the obligations of these obligations, the employer cannot take advantage of the exceptional regime opened by article L 3121-65 of the Labor Code. Consequently, the individual day package agreement is characterized as being null and void.
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