Annualized working days package : the “forfait jours”

French employment law often presents unique frameworks, designed to balance workers’ rights with the needs of businesses. One such arrangement is the "forfait jours," an alternative way of structuring working hours for employees. Although it is widely used, particularly among managerial positions, it can be complex to navigate.

The annualized working days package (“forfait jours”) allows employees to work a determined number of days per year. The planned duration is hence counted in days and not in hours.

As per article L. 3121-58 of the French labour code, the following categories of employee can work under a forfait jours agreement:

            - managers who have autonomy in the organization of their working hours and whose duties do not require them to follow the collective timetable applicable in the workshop, department or team to which they belong;

            - employees whose working hours cannot be predetermined and who have genuine autonomy in the organization of their working hours in order to carry out the responsibilities entrusted to them.

The forfait jours requires a collective agreement to be implemented, as well as a detailed clause in the employment contract.

While such arrangement offers significant flexibility for both employees and employers, it also implies the necessity for companies to monitor their employees’ rest periods and workload. Annual reviews must also be conducted to notably discuss the work-life balance.  

Non-compliance with the rules related to the forfait jours may lead to the significant risks for a company, such as claims of payment of overtime hours, damages or fines.

For businesses looking to implement or review their “forfait jours” policies, consulting with a legal professional can help ensure compliance with French labor law.