Among the endorsements adopted by Syntec, one broadens the use of fixed working days and establishes a right to disconnect.
This text eases the conditions of access to the fixed working day and guarantees better working conditions for employees.
Please note: this rider has not yet been the subject of an extension decree. This means that, for the time being, it only applies to companies belonging to the signatory unions.
Once the extension order has been published, this rider will apply to all companies subject to the SYNTEC agreement on the first working day of the month following publication of the order.
Cabinet DESRUMAUX AVOCATS will be sure to inform you of the publication of this decree via its newsletter.
What are the new rules for day work arrangements introduced by this rider?
This new rider makes it possible to relax the conditions of access to the fixed day rate in companies subject to this collective bargaining agreement.
Previously, only managerial staff in position 3.1 could benefit from a fixed-rate day agreement under the Syntec agreement.
From now on, it will be possible to apply these provisions to managerial employees classified in position 2.3.
Please note: These employees will be entitled to a salary increase equal to 122% of the minimum wage for their category.
This represents a gross monthly salary of €3,905.22 for these employees, in application of the conventional minimum wage scale currently in force.
Important: it is still possible to derogate from Syntec’s provisions in this area by means of a company agreement, extending the use of the fixed day even further, but also granting financial compensation other than that stipulated in the Syntec agreement, which can be an obstacle for many companies.
DESRUMAUX AVOCATS will be happy to help you consider the possibility of setting up a special agreement within your company.
What are the new obligations to be met by employees on a fixed day-rate contract?
The Syntec Convention reiterates that employees on a fixed day rate benefit from the same provisions on daily and weekly rest periods as other employees.
A monitoring tool will have to be set up within the company to ensure that these rest periods are respected by employees on fixed day work schedules. This tool can be used in the event of an employee raising an alarm about his or her workload.
Important: if an employee on a day-rate contract finds that his or her workload does not allow him or her to respect these minimum rest periods, he or she can inform his or her employer so that an alternative solution can be found.
These employees can also alert their line managers to organizational and workload issues, or to difficulties linked to professional isolation.
An interview may also be organized for the same reasons at the employer’s initiative.
Measures will then have to be put in place, and will be the subject of a written report and follow-up.
Contrary to what was previously stipulated by Syntec, only one interview, and no longer two, will need to be organized with employees on a fixed-day contract.
This interview should cover the employee’s individual workload, the organization of work within the company, the work-life balance and, finally, the employee’s remuneration.
An overall assessment must be made of the employee’s working conditions: work organization methods, commuting times, individual workload, length of working day, status of days taken and not taken off at the date of the interview, and work-life balance.
If possible, the forecast workload for the coming period should also be analyzed, along with any necessary adaptations in terms of work organization.
Measures may be decided upon, and must also be reported on.
An additional specific interview should be organized if an employee on a fixed-day contract reports unusual difficulties.
The obligations previously laid down in the agreement for employees on a fixed-day contract continue to apply.
What are the terms of the right to disconnect introduced by this rider?
The right to disconnect introduced by this new rider must comply with the following terms and conditions:
- The company’s commitment not to solicit the employee during rest periods
- No obligation on the employee to respond to solicitations during rest periods
- Employees are assured that they will never be penalized or reproached for failing to respond to solicitations during rest periods, and that different behavior will not be encouraged or rewarded.
Measures must be put in place within the company to ensure that employees are able to connect to the remote communication tools made available to them. These measures should be defined directly within the company and communicated to employees.
It is also possible to set up a specific procedure within the company to issue an alert in the event of recurrent use of these work tools during rest periods.
The aim of this procedure is to initiate a discussion between the employee and his or her line manager about such use, so that the employee can effectively exercise his or her right to disconnect.
This procedure can be initiated by the line manager or by the employee himself or herself.
Please note: In companies with more than 250 employees, a disconnection coordinator must be appointed.
The role of this contact person will be to raise awareness of the right to disconnect among all company employees, and to disseminate best practices in this area.
This person will also be involved in the alert procedure described above.
Need advice?
If your company is covered by the Syntec collective bargaining agreement and you are required to have your employees work on a fixed day rate basis, DESRUMAUX AVOCATS is at your disposal to advise you with regard to these new provisions of the collective bargaining agreement.
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