The concept of forfait jours in France refers to a specific working time arrangement under which employees do not track their hours, but instead agree to work a set number of days per year, typically 218 days. While this system offers greater flexibility, especially for managerial or autonomous roles, it raises important legal and organizational questions particularly around the issue of imposing fixed working hours. Can an employer legally impose schedules within this flexible arrangement? And how does the imposition of working hours align with the principle of autonomy that underpins forfait jours? Understanding the legal framework and practical implications is crucial for both employers and employees.
Understanding the Forfait Jours System
Definition and Purpose
Forfait jours is a French labor system primarily used for executive employees, professionals, and those whose job duties make traditional hourly tracking inappropriate. Instead of tracking daily or weekly working hours, employees agree to work a specific number of days annually. This model is designed to reflect the real nature of certain jobs that require flexibility and focus on results rather than time spent at a desk.
Eligibility Criteria
Not all employees can be placed under a forfait jours agreement. To qualify, the employee must:
- Be autonomous in organizing their work schedule
- Not be subject to fixed working hours
- Belong to a category of employees eligible under collective agreements or company agreements
This system is regulated under the French Labor Code (Code du Travail), which ensures protections and limits to prevent employee overwork.
Can Employers Impose Working Hours?
Core Principle of Autonomy
The essence of the forfait jours model lies in the autonomy granted to the employee. This autonomy implies freedom to manage one’s own time, with no requirement to follow specific working hours. Therefore, imposing rigid schedules on an employee under this system contradicts the legal foundations of the forfait jours arrangement.
Legal Framework
According to French labor law, employers must respect the autonomy of employees under a forfait jours agreement. Imposing a set daily schedule such as fixed start and end times may render the agreement null and void. This can lead to serious legal consequences for the employer, including the requalification of the contract and potential claims for unpaid overtime.
However, this does not mean the employer cannot have any expectations. The company may require the employee to be available for certain meetings or team interactions. But these should not become a de facto fixed schedule that undermines the employee’s autonomy.
When Scheduling Becomes Excessive
Warning Signs
There are situations in which the autonomy promised by forfait jours is compromised, such as when:
- Employees are expected to be present in the office during specific hours daily
- Schedules are determined by managers and not negotiated
- Regular reporting on daily working hours is requested
These conditions may result in the loss of status under forfait jours, exposing the company to legal risk. If the employee’s workload is excessive or monitoring becomes equivalent to hourly tracking, courts may rule the agreement invalid.
Case Law and Precedents
French labor courts have ruled in several cases that strict control over the work schedule of an employee under forfait jours is incompatible with the system. Employers found guilty of such practices were required to pay overtime and reclassify the employment contract.
Permitted Forms of Coordination
Reasonable Guidelines
Employers may still maintain certain organizational guidelines without violating the principles of forfait jours. For example:
- Setting times for key weekly meetings
- Establishing availability windows for customer service roles
- Requiring attendance during high-demand periods, if not routine
These requirements are considered acceptable as long as the employee retains the freedom to organize the rest of their working day or week independently.
Mutual Agreement
Any fixed scheduling should be the result of mutual agreement between employer and employee. It is recommended to put such expectations in writing within the scope of the collective agreement or internal policies. Transparency protects both parties and reduces the risk of conflict or legal challenge.
Best Practices for Employers
Respecting Autonomy
To remain compliant and foster a healthy work environment, employers should:
- Avoid implementing standard office hours for forfait jours employees
- Ensure that workloads are manageable and regularly reviewed
- Allow flexibility in where and how work is completed
Managers should be trained to supervise results rather than hours, shifting the focus from presence to performance.
Monitoring Workload Without Controlling Hours
Employers are required to monitor the workload and well-being of forfait jours employees. This does not mean imposing schedules but includes:
- Conducting annual review interviews
- Tracking total days worked to ensure compliance with the maximum limit
- Providing mechanisms for employees to report excessive workloads
These measures help prevent burnout while maintaining respect for autonomy and legal compliance.
Employee Rights Under Forfait Jours
Employees working under a forfait jours agreement have specific rights designed to protect their health and time balance. These include:
- Right to disconnect outside working hours
- Right to rest periods and vacations
- Annual interviews on workload, working time, and work-life balance
If an employee feels their autonomy is being restricted or they are working excessive hours, they have the right to raise concerns with HR or labor representatives, and potentially seek legal recourse if issues are not resolved.
Forfait jours is a system built on trust, flexibility, and mutual respect. While employers can set some expectations for coordination and collaboration, they must not impose rigid working hours. Doing so undermines the core legal principle of employee autonomy and may expose the employer to legal and financial risk. Clear communication, proper policy implementation, and respect for legal limits are essential to successfully managing forfait jours agreements. For employees, understanding your rights and responsibilities under this arrangement ensures that flexibility does not come at the cost of fairness or well-being.