When an employee who has entered into a fixed-term contract in days and who has reached the age stipulated in the first paragraph of article L. 161-22-1-5 of the Social Security Code requests to work reduced hours in relation to the maximum legal or contractual working time expressed in days, he shall send his request, under conditions set by decree, to the employer. In the absence of a written and…
When an employee who has entered into a fixed number of days agreement receives remuneration that is clearly unrelated to the duties imposed on him, he may, notwithstanding any contractual clause to the contrary, apply to the court for compensation calculated on the basis of the loss suffered, having regard in particular to the level of salary applied in the company and corresponding to his qualification.
Employees who have entered into a fixed number of days agreement are not subject to the provisions relating to : 1° The maximum daily working time provided for in article L. 3121-18 ; 2° The maximum weekly working hours provided for in Articles L. 3121-20 and L. 3121-22; 3° To the legal weekly working hours provided for in article L. 3121-27.
Fixed annual rates in hours or days over the year are introduced by a collective agreement at company or establishment level or, failing that, by a branch agreement or convention.
I.-The agreement providing for the conclusion of individual fixed-term agreements in hours or days over the year determines : 1° The categories of employees who may enter into an individual lump-sum agreement, in compliance with articles L. 3121-56 and L. 3121-58 ; 2° The reference period for the package, which may be the calendar year or any other period of twelve consecutive months; 3° The number of hours or days…
I.-In the absence of the contractual stipulations provided for in 1° and 2° of II of article L. 3121-64, an individual agreement for a fixed number of days may be validly concluded subject to compliance with the following provisions: 1° The employer draws up a control document showing the number and date of days or half-days worked. Under the employer’s responsibility, this document may be completed by the employee; 2°…
In the event that the employee waives the right to days off in application of article L. 3121-59 and in the absence of any specific provisions in the collective agreement mentioned in article L. 3121-64, the maximum number of days worked in the year is two hundred and thirty-five.
Decrees of the Conseil d’Etat shall determine the terms and conditions of application of this chapter for all branches of activity or professions or for a particular branch or profession. These decrees set out in particular 1° The distribution and organisation of working hours ; 2° The conditions for the use of standby duty; 3° Permanent or temporary derogations applicable in certain cases and for certain jobs; 4° Rest periods;…
Those provisions of the decrees provided for in article L. 3121-67 relating to the organisation and distribution of working hours within the week, rest periods, the conditions for recourse to standby duty and the arrangements for recovering lost working hours where the law allows such recovery may be derogated from by agreement or extended collective agreement or by company or establishment agreement. In the event of denunciation or non-renewal of…
A decree of the Conseil d’Etat shall determine the implementing measures for articles L. 3121-24 to L. 3121-26.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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