Executive employees on fixed-term work days: report your work overload!
Fixed-term work days are a hot topic.
In a referendum held in April 2025, EY & Partners executives voted overwhelmingly to cap their weekly working hours at 48 hours. 97% of employees who expressed an opinion (40% of voters) voted for a 48-hour working week cap (Le Monde, April 22, 2025, https://www.lemonde.fr/economie/article/2025/04/22/chez-ey-associes-les-salaries-votent-pour-un-retour-a-la-semaine-de-48-heures_6598874_3234.html).
In practice, employees of this audit firm can regularly work 60 hours per week or more.
The fixed-day work packages are valid for 25 years.
They were created by Law No. 2000-37 of January 19, 2000, relating to the negotiated reduction of working time, which established the legal effective working week at 35 hours. It was impossible to make self-employed managers work 35 hours per week: the legislature therefore created a fixed-day system for self-employed managers.
This was a revolution for working time law and for labor lawyers.
The fixed-day system consists of calculating employees' actual working time not in hours but in days.
This fixed-day system is limited to 218 days worked, with a minimum daily rest period of 11 hours and a rest period of 35 hours per week.
In practice, these fixed-day systems are very little known among managerial employees.
Managerial employees often believe that their status as managers prohibits them from requesting overtime pay.
This is, of course, an urban myth.
To read the full brief, click on the link below.
https://www.legavox.fr/blog/frederic-chhum-avocats/cadres-forfait-jours-signalez-votre-37273.htm
Frédéric CHHUM avocat et ancien membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
Apolline TOCQUET avocate
CHHUM AVOCATS (Paris, Nantes, Lille)
e-mail: chhum@chhum-avocats.com
https://www.instagram.com/fredericchhum/?hl=fr
.Paris: 34 rue Petrelle 75009 Paris tel: 0142560300
.Nantes: 41, Quai de la Fosse 44000 Nantes tel: 0228442644
.Lille: : 45, Rue Saint Etienne 59000 Lille – Ligne directe +(33) 03.20.57.53.24
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