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Syntec’s new provisions on fixed working days and the right to disconnect: information not to be missed

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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Our support for Opéra National de Bordeaux

opera-bordeaux

At Desrumaux Avocats, we thrive on making Corporate Social Responsibility not just an ideal, but a reality intrinsic to our identity. A staunch advocate of environmental, social and economic impact, we are steadfastly building our future while keeping a watchful eye on the world around us.

In July, we took a new turn, adding another string to our bow by joining the Opera Club. We are now proud to support the Opéra National de Bordeaux for the 2023-2024 artistic season.

For us, this commitment is much more than just a financial contribution. It is the materialization of our desire to contribute to the development of culture, an inseparable element of our vision of corporate citizenship.

Within the Opera Club, our role is not limited to promoting culture. We’re doing our bit to promote the artistic heritage of our beautiful New Aquitaine region.

Our membership of the club was also propelled by the ambition to broaden our social influence, beyond the cultural sphere. We support and admire the Opera’s commitment to social inclusion, through its initiation and awareness programs aimed at various groups, including young people and the disadvantaged.

So it’s with overflowing enthusiasm that our entire team is delighted to share this new adventure with you. As a supporter of the Opera, we look forward to sharing with you our progress towards a world where culture and solidarity are one.

Stay tuned to our newsletter to follow our exciting journey towards a more responsible and culturally rich future.

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Syntec’s new provisions on fixed working days and the right to disconnect: information not to be missed

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 day rate and guarantees better working conditions for employees.

Please note: this rider has not yet been the subject of an extension order. 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, with a written report and follow-up.

Contrary to what was previously prescribed 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;
  • The absence of any obligation on the part of 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 must 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 establish a discussion between the employee and his or her line manager on such use, so that the employee can benefit from the effective exercise of his or her right to disconnect.

This procedure can be initiated by either the line manager or the employee.

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 contact 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 will be happy to advise you on these new collective bargaining provisions.

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CSR policy: is my company concerned?

CSR concerns all companies, whatever their size.

Implementing such a policy within a company has many advantages, and is in keeping with the times.

The health crisis has largely changed the way people think about work and amplified environmental concerns, accelerating the need for companies to take these issues into account if they are to remain attractive and competitive.

What is CSR?

Corporate social responsibility is defined by the European Commission as “the voluntary integration by companies of social and environmental concerns into their commercial activities and their relations with stakeholders”.

In other words, when a company decides to implement a CSR policy, it wants to develop its business while contributing to the challenges of sustainable development.

A company that implements this type of policy therefore seeks to have a positive impact on society.

To achieve this, our CSR policy is based on three fundamental pillars:

  • The economy
  • Social
  • Environmental

What are the advantages of implementing a CSR policy within my company?

Implementing a CSR policy has many advantages for companies of all sizes.

  • Implementing such a policy within the company helps to create an enhanced brand image and to stand out from the competition.
  • CSR policy is a source of attractiveness for the company: to attract customers who are sensitive to such a policy, or even to win new business, but also in the context of recruitment to attract new talent, sensitive to current societal issues.
  • This policy can also attract new investors, who are increasingly taking this type of policy into account.
  • CSR guarantees a pleasant working environment for employees, thus promoting employee loyalty and reducing the risk of turnover.
  • This type of policy can also be a particular source of motivation for employees, who will identify with the values advocated by the company, which can have an impact on their productivity for the benefit of the company.
  • CSR also enables companies to make significant savings in the short and medium term, by reducing waste, cutting water and electricity consumption and cutting staff turnover.
  • Our CSR policy also enables us to anticipate future regulatory changes, which will be inevitable in environmental matters.

In the light of current considerations, companies wishing to remain competitive and attractive will necessarily have to take environmental and societal issues into account in their policies.

Implementing a CSR policy is part of this trend, and represents a real investment for these companies.

DESRUMAUX AVOCATS is fully committed to the development of these policies, and is proud to be able to support companies in their implementation and development.

Our team is at your disposal to discuss the steps that can be taken within your company to develop your CSR policy, and to support you in implementing this policy.

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SYNTEC’s new provisions on working on Sundays and public holidays: what you need to know

Among the new endorsements adopted by the SYNTEC branch partners, one specifies the rules applicable to work performed on Sundays and public holidays.

This amendment has been extended and therefore applies to all companies covered by the SYNTEC agreement.

If your company makes its employees work on Sundays and/or public holidays, you will need to be aware of these new contractual provisions.

Who is affected by this rider?

All employees covered by the Syntec agreement, whatever their classification, are affected by this rider.

What changes does this endorsement bring?

The new amendment to the SYNTEC agreement differentiates between occasional and regular work on Sundays and public holidays. Employees benefit from different bonuses depending on this distinction.

Work on Sundays and public holidays is considered normal for the employee from the 16th Sunday or public holiday worked during the calendar year.

For example: an employee who has worked 13 Sundays and 4 public holidays in the course of a year is entitled to the exceptional Sunday and public holiday scheme for the first 15 Sundays or public holidays worked. From the 16th Sunday onwards, the usual Sunday and public holiday working arrangements apply.

Important: these terms and conditions apply to all companies in the Syntec branch, even those benefiting from a permanent derogation in their own right.

What extra pay applies to work on Sundays and public holidays?

These supplements vary according to whether work on Sundays and public holidays is usual or exceptional.

    • For exceptional work, these hours will be paid at 100% extra.

Important: employees on a fixed day rate also benefit from this bonus, and these days are also taken into account when calculating the fixed rate.

  • For regular work: employees receive an additional 25% of their remuneration. This is also the case for employees on a fixed day rate, and these days will be taken into account in the calculation of their fixed rate.

Special cases: digital and events sectors

While these provisions apply to all companies covered by the SYNTEC collective bargaining agreement, certain companies in the digital and events sectors benefit from special provisions, in application of the endorsements relating to these types of activity.

Need advice?

If your company is covered by the Syntec collective bargaining agreement, and you are required to have your employees work on Sundays and/or public holidays, DESRUMAUX AVOCATS will be happy to advise you on these new provisions.