Social Issues
Working time
Introduction:
repeatedly, the working time gives rise to debates among social partners and policy makers. Indeed, now about sensitive time work first had to be defined so that the legislature Praetorian before any case law definitions.
I) The working time, a more complex notion
A) This encompassed the concept of effective working time
3 criteria (Court of Cassation Dinoto May 4, 1999 [2] ). :
- Availability in respect of the employer [1]
- to comply with its directives
- not able to go about their business freely
Note that in Community law is also recognized (3 October 2000 ECJ SIMAP and Jaeger ECJ 9 September 2003) and see art. 2 Directive 93/104 of 23 November 1993.
Hours delegation (works council, staff representative, shop steward) are counted as time worked.
B) What she does not
penalty payments: the right to compensation (see ECJ 2000 SIMAP)
Breaks and restoration
Travel Time: no time working [3] but serves to compensation for accidents
travel time between clocking cloakroom and [4]
II) Regulation of working time
A) For the duration of work
Act 1998 and 2000 Fixed 35h [5] .
Amplitude Time: 10h or more on a collective agreement, minimum 11 hours rest [6]
1993 directive on working time arrangements
Annual hours: 1607 h
Overtime / Additional part-time.
It takes a rest:
Sunday work [7] and holiday pay no more than 6 days a week [8]
B) Changes
secular downward trend in working time over the long term, but the challenges of the baby-boom and international competition policy will promote labor-value .
Act of August 20, 2008: relaxations to overtime, with less recourse to the labor inspector.
[1] L3121-1of the Labour
[2] penalty with the obligation to be on the workplace is the actual working time
[3] L3121-4 TB
[ 4] Social Chamber of the Court of Cassation of 31 October 2007
[5] L3121-10 TB
[6] L3131-1 TB
[7] L3132-3 TB
[8] L3132-1 TB
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