Global Compliance Desk – France
New Changes to France Syntec Collective Bargaining Agreements
The Syntec Collective Bargaining Agreement (“Syntec CBA”) is the most frequently used CBA in France which regulates relations between the majority of technology companies and French employees. The Syntec CBA applies to many technology companies, which employ a large number of executive employees under the “convention de forfait jours” scheme. Under this scheme, an individual’s working hours are not tracked by hours; instead, they work a predefined number of days per year (218 days) and their working hours are not calculated, thus excluding payment of overtime hours during those 218 days. In December 2022, the Syntec Federation (a national employer association in France for technology and consulting businesses) signed 4 new collective agreements with the national trade unions. These agreements are in response to changing market conditions, an increase in remote and hybrid working arrangements, etc. As a result, the changes to the Syntec CBA are as follows –
Scope of Flexible Working Time
Previously, the flexible time regime was limited to a fixed number of hours worked per week and the regime could only be used for highly classified employees. The regime can now be used for a larger number of white-collar (cadre) employees- it will be available for staff classified in position 2.3 under the Syntec classification system. Previously the regime could only be used for more highly classified employees. This welcome change in the extension of the regime to more employees provides more flexibility for employers. However, to avoid the possibility of overtime claims, it will be crucial to confirm that the nature of the employee’s responsibilities actually justifies the use of this type of working schedule.
Work on Sundays and Public Holidays
As per the new provisions, employees subject to the ‘forfait jours’ regime will now be entitled to be paid a 100% increase on their normal daily rate for work on Sundays and public holidays. This will apply to exceptional (rather than habitual) Sunday and public holiday work. Employers shall also inform employees that working on Sundays or public holidays without prior approval by the concerned manager is now prohibited.
Additional 2 days of Paid Leave on Termination of Pregnancy
As per the new provisions in addition to the maternity and paternity leave entitlement, pregnant employees are now entitled to 2 days of exceptional paid leave in case of sudden termination of pregnancy (miscarriage). Employees who are subject to the Syntec CBA and whose partner experiences sudden termination of pregnancy will also be entitled to the same leave (i.e 2 days of paid leave).
Hybrid Work Condition
The new provisions contains a list of the areas that must be covered if the employer creates a collective agreement or adopts a unilateral charter relating to remote/hybrid work. It also includes a company-level remote work agreement template which can be used by employers. Individual rights for hybrid employees have also improved in several ways, including an increase in the duration of mandatory daily breaks (from 20 to 45 minutes); and a requirement to give meal tickets to hybrid employees as well.
Right to Disconnect
On employees’ right to disconnect, new rules have been established. Employers should make it easier for employees to exercise this privilege outside of regular business hours by giving managers the go-ahead to respect employees’ ‘off hours’ and refrain from interfering. Employers are also obligated to put policies in place that enable or support employees to use their right to unplug from remote working equipment. Companies with more than 250 employees are required to select a disconnection referee in accordance with the new provisions of the Syntec CBA.
Take Away
The new Syntec CBA will take effect on the first day of the month after the French government passes an interim order giving the time period for the applicability of the new provisions. Employers should start modifying and practicing their policies accordingly.
