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Invalidation of the Collective Bargaining Agreement for Hotels, Bars and Restaurants’ provisions in relation to the working time calculated in days

In a decision dated July 7, 2015, the French Supreme Court invalidated the provisions of the Collective Bargaining Agreement for Hotels, Bars and Restaurants in relation to the working time calculated in days, i.e. “forfait en jours” (Cass. Soc. 7 July 2015 n°13-26444).

Once again, the French Supreme Court considered that these provisions did not ensure (i) that the working time duration and the employee’s workload remained reasonable and (ii) a good distribution of the employee’s work over time. Based on this, the Court considered that such provisions did not protect the employee’s health and safety. The individual agreements signed on the sole basis of such provisions should therefore considered void, according to the French Supreme Court.

The social partners had already anticipated such an invalidation by signing an amendment n°22 dated December 16, 2014 to the Collective Bargaining Agreement for Hotels, Bars and Restaurants, which factored the French Supreme Court’s requirements in.

As soon as such an amendment enters into force, companies governed by the Collective Bargaining Agreement for Hotels, Bars and Restaurants’ provisions will have to comply with the following obligations:

  • the establishment of a monitoring document which shows (i) the number and the date of days worked, (ii) the date and the nature of days not worked, (iii) the number of remaining days of rest and (iv) compliance with the minimum period of rest between two days worked. This document has to be signed by the employee at the end of each month,
  • a control of the employee’s work organization in order to make sure that the length of the working day and the workload remain reasonable,
    the organization of individual meetings over the year depending on the outcome of such a control,
  • a right to an individual alert for each employee whose number of days worked exceeds the number provided for by the individual agreement,
    an annual meeting between the employee and his supervisor, during which mandatory themes will be discussed (workload, length of the working days, work organization within the company, balance between family and personal life and professional life, remuneration),
  • a right to disconnect the phone and emails during the rest periods.