Gérer le temps de travail, les congés et les absences

Introduction

• Images show a stressed worker with multiple tasks and a relaxed worker with a single task, contrasting the complexity of jobs.
• The theme is likely about French work laws, encompassing working hours, paid time off, and related regulations.

Working Hours and Paid Leave

• French labor law strictly regulates working hours and paid leave, aiming to balance employee protection and business efficiency.
• This presentation will explore details of legal limits on work duration, overtime, part-time work, and the procedures for acquiring and taking paid leave.

Legal Work Duration per Week

• The legal weekly work time for full-time employment is 35 hours.
• Exceeding 35 hours constitutes overtime, while working less than 35 hours designates part-time employment.
• To standardize calculations, monthly work hours are based on 151.67 hours per month via 52 weeks * 35 hours / 12 months.
• Effective work time encompasses all time the employee is available to the employer, complying with their directives, and excluding personal tasks.

Holidays

• Some holidays are legally mandated as days off (obligatoire).
• Other holidays are determined by each company's policy or convention.
• The first of May is always a legally obligatory holiday, with pay maintained irrespective of employee seniority.
• Seniority factors apply to other holidays.

Maximum Durations and Breaks

• Maximum daily work time is 10 hours (excluding overtime permissions).
• 20 consecutive minutes of rest are mandated after 6 hours of work each day.
• Weekly working hours are maximised to 48 hours per week, averaged over 12 weeks (46 hours if outlined in collective agreements).
• A minimum of 11 consecutive hours of rest is mandated daily and 35 hours of consecutive rest per week.
• These are minimums, with potential adjustments permissible via collective agreements.

Part-Time and Overtime

• Part-time work permits workers to work less than the required minimum, whilst retaining regular worker benefits.
• Overtime hours are those exceeding the agreed-upon work hours, requiring specific compensation.
• Overtime hours are usually capped at 1/10th of the contracted weekly or monthly hours, with exceptions based on company contracts or collective agreements.
• Overtime pay usually includes a compensation rate increase of 10% for the first 1/10th of contracted hours worked, and a 25% increase beyond this level, with possible minimum pay rate differences depending on agreements between the parties involved.

Daily and Weekly Rest

• Minimum daily rest is 11 continuous hours.
• Minimum weekly rest is 35 continuous hours.

Paid Leave Acquisition

• Paid leave rights are acquired progressively based on months worked, with 2.5 working days granted per month worked.
• A yearly total of 30 working days (or 5 weeks of leave) is typically earned.
• The period for leave accumulation usually runs from June 1st to May 31st.

Paid Leave Calculation

• Days of leave are typically calculated as working days (6 days per week).
• This total of 2.5 days per month worked over a given period, is then used, depending on regulations, to compute the total paid leave due.
• Accrual of paid leave depends on rules and regulations within an employer's specific company and policies.

Leave Deduction and Compensatory Rest

• Work time that is considered as equivalent to working time, thus, considered when determining leave rights, includes paid time off, maternity and paternity leave, training, and work-related injuries.
• Non-work-related illnesses are excluded.
• Possible substitution of compensatory rest in lieu of payment for overtime, is possible when determined via agreements between employee and employer.

Leave Compensation

• A worker who is absent for an agreed period of time, is compensated either by the amount the worker would have earned had they continued to work, or, by an amount calculated as a fixed percentage of the worker's total earnings.
• The choice of method is determined by the more advantageous calculation for the worker.

Leave Management

• Company management of worker time off and absences is vital for productivity and fair treatment of all workers.
• Common reasons for absence include paid leave, social security-covered absences (like illness), and unpaid absences (without justification or authority).

Illness/Absence for Illness

• Workers obligated to report any work-related absences or illness within a specific time frame, often 48 hours.
• This reporting is generally obligatory at both the employer and employee level.
• Workers are responsible for notifying both their employer and the relevant (national) healthcare insurance agency, typically within the required timeframe.
• Once the sickness or injury period is over, full or partial return to work is contingent on the nature of the confirmed medical condition.
• The employer is also required to report the employee's absence to their insurer(s).
• Compensation is due for any illnesses or injuries, which occurred during the length of time on the job.

Unjustified Absence

• Initial contact from the employer to establish the reason for the unjustified lack of attendance.
• Issuance of a formal notice, or formal written warning, requesting an explanation.
• Possible penalties or disciplinary action based on the situation at hand.
• The precise procedure is dependent on employment agreements that encompass the precise actions to be taken in cases of employee non-compliance or absence from employment.