France: managers’ annual working days system is not put into question but remains in the hot seat

Managers’ lump sum system criticized at European level.  In December 2010, the European Committee of Social Rights (Comité européen des Droits sociaux, CEDS), in charge of giving rulings on law regarding the compliance of national situations in the Member States with the European Social Charter, bashed France about managers’ working time.  In concrete terms, the Committee pointed to several irregularities notably in the expression of working time as an annual figure for managers, which clearly leads to “excessive” workweeks, up to 78 hours.  Besides, it pointed out that “the Act of August 20, 2008, which notably arranges the 35-hour workweek, does not lay down that collective agreements should provide for maximum daily and weekly working time.”  Within this framework, the legal guarantees offered by the collective agreements system were deemed insufficient.
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ion but the case law is changing. (Ref. 110444)

Managers’ lump sum system criticized at European level. In December 2010, the European Committee of Social Rights (Comité européen des Droits sociaux, CEDS), in charge of giving rulings on law regarding the compliance of national situations in the Member States with the European Social Charter, bashed France about managers’ working time. In concrete terms, the Committee pointed to several irregularities notably in the expression of working time

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