Flat-rate pay agreement – Case Law review – SYNTEC collective bargaining agreement
In a decision dated 4 November 2015, the French Cour de Cassation (Supreme Court) clarified the applicability requirements for a flat-rate pay agreement covering weekly hours performed by employees under the #2 procedure (modalité 2) (performance of missions).
Firstly, the Court decided that the implementation of flat-rate pay agreements based on a weekly/hour basis (#2 procedure), is reserved for employees whose annual gross salary is higher than the social security threshold, i.e. EUR 38,040 for 2015.
Secondly, the Court held that employee’s acceptance for the implementation of said flat-rate pay agreement is not enough, confirming that “if an employer is bound by the terms of a collective bargaining agreement, those terms also apply to the employment agreement, unless more favorable provisions are applicable to the benefit of the employee” and that “the employee cannot waive his rights under the collective bargaining agreement“.
Hence, an employee who has agreed to be subject to a weekly fee agreement and whose remuneration is below the social security threshold, may subsequently challenge the applicability of his weekly fee agreement and request the payment of overtime hours between 35 hours and 38 hours 30.
It is therefore recommended to check for each employee, the validity of his flat-rate pay agreement based on his annual gross salary.
(Cass. soc. 4 nov. 2015, n°14-25.745 ; n°14-25.751 ; SA Altran technologies c/ Mme B. : JurisData n°2015-024553)