Pursuant to Article L. 3121-41, a company or establishment agreement or, failing that, a branch agreement or convention may define the terms and conditions of the organisation of working time and organise the distribution of working time over a period longer than a week. It provides for :
1° The reference period, which may not exceed one year or, if authorised by a branch agreement, three years ;
2° The conditions and periods for giving notice of changes in working hours or hours of work;
3° The conditions under which absences, arrivals and departures during the reference period are taken into account for the purposes of employee remuneration.
Where the agreement applies to part-time employees, it sets out the procedures for communicating and modifying the distribution of working hours.
The agreement may stipulate an annual limit of less than 1,607 hours for counting overtime.
If the reference period is longer than one year, the agreement provides for a weekly limit, greater than thirty-five hours, beyond which the hours worked during the same week shall in any event constitute overtime, the remuneration for which shall be paid with the salary for the month in question. If the reference period is less than or equal to one year, the agreement may provide for this same weekly limit. Overtime resulting from the application of this paragraph shall not be included in the count of hours worked at the end of the reference period referred to in 1°.
The agreement may provide that the monthly remuneration of employees is independent of the actual working hours and then determines the conditions under which this remuneration is calculated, in compliance with the penultimate paragraph.