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SYNTEC Index

The SYNTEC index was created in 1961 and recognized by the Ministry of Economy and Finance in 1974.

It is of particular importance to companies in this sector, as it provides an accurate and transparent representation of cost trends.

What is the SYNTEC index?

The SYNTEC index measures changes in labor costs for services provided by companies in the SYNTEC sector, within the framework of certain projects (long-term contracting, software or application maintenance, etc.).

It consists of five digits, including two decimal places.

What is the purpose of the Syntec index?

This index is used within the industry to update or revise the financial clause of a contract, according to a formula specified in the clause.

This index may, where appropriate, be coupled with other economic indices, depending on the nature of the service provided.

How is this index calculated?

The Syntec index is calculated monthly, based on responses to a survey of companies belonging to a control group within the sector.

Once these responses have been obtained, a monthly report is drawn up, showing the average full-time equivalent workforce of these companies and the total gross salaries corresponding to this workforce.

Based on these results, a calculation is made to measure the change in the sum of gross payroll and the sum of full-time headcount, relative to the working time in question. The resulting index is then smoothed over a 12-month period.

Since 2019, the Syntec index has been revised to incorporate methodological changes recommended by INSEE.

This revised, more precise index is now produced each month by calculating the average payroll and corresponding full-time equivalent workforce declared by the control group, by sector (Digital, Engineering and Consulting) and by employee bracket (20-199 employees / 200-499 employees / 500 employees and over).

Since September 2022, this revised index has been the only one published and monitored.

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What is the Syntec IDCC code?


Collective bargaining agreements

Collective bargaining agreements enable labor law to be adapted to the specific features of an industry. These written agreements, the result of negotiations between employers and trade unions, are therefore extremely important.

Each collective agreement is identified by an IDCC code.

Which IDCC code for the Syntec agreement?

  • The IDCC code is a 4-digit code assigned by the French Ministry of Labour that can be used to find the agreement;
  • The Syntec collective agreement code is 1486 ;
  • The code is usually indicated on the employee’s pay slip.

Please note: The agreement also has a brochure number, which should not be confused with the Syntec IDCC code.

How do I know if the Syntec agreement applies to my company?

  • When it is registered, the company is assigned an NAF number (nomenclature d’activité française) or APE number (activité principale exercée).
  • This number is different from the IDCC code, which is only used to find the collective agreement.
  • Each Collective Bargaining Agreement defines its professional scope according to the company’s NAF / APE codes.
  • To find out whether the Syntec collective bargaining agreement applies, refer to the APE/NAF.

Article 1 of the Syntec Convention sets out its scope of application.

The agreement applies to :

  • With the NAF codes listed below;
  • And whose main activity is engineering, consulting engineering firms, studies and consultancy, digital services, events management or translation and interpreting.
Sector of activity APE code
Digital 58.12Z: publishing of directories and address files.
58.21Z: publishing of electronic games.
58.29A: publishing of system and network software.
58.29B: software development tools and languages.
58.29C: software applications.
62.01Z: computer programming.
62.02A: computer systems and software consulting.
62.02B: third-party maintenance of computer systems and applications.
62.03Z: management of computer installations.
62.09Z: other IT activities.
63.11Z: data processing, hosting and related activities.
63.12Z : internet portals.
Engineering 71.12B : engineering, technical studies.
71.20B : technical analysis, testing and inspection.
74.90B : various specialized, scientific and technical activities.
Consulting 70.21Z: public relations and communications consultancy.
70.22Z: business and other management consultancy.
73.20Z: market research and surveys.
78.10Z: activities of employment agencies.
78.30Z: other provision of human resources.
Events 25.11Z : manufacture of metal structures and parts thereof.
43.32C : shop fittings.
68.20B : rental of land and other real estate.
68.32A : administration of buildings and other real estate.
82.30Z: organization of trade fairs, exhibitions and conferences.
90.04Z : management of concert halls.
Translation and interpreting 74.30Z : translation and interpreting.

If your company has several different areas of activity, you will need to refer to your main activity to determine whether the SYNTEC agreement applies to you.

Naturally, DESRUMAUX AVOCATS is at your disposal not only to determine the collective bargaining agreement applicable to your company, but also to help you implement it.

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Contractual termination

What is a “rupture conventionnelle”?

  • The employer and employee terminate the employment contract by mutual agreement;
  • This termination option is only available to employees with permanent contracts.
  • It is strictly regulated by law

The procedure is organized in accordance with the provisions of the Labor Code:

The negotiation interview

  • Organization of one or more meetings between the employee and the employer to negotiate the terms of termination.
  • The employer must summon the employee to this interview by registered letter with acknowledgement of receipt or by hand-delivery against receipt. This letter must include the conditions under which the interview is convened, and specify the conditions under which the employee may be assisted during the interview.

During this interview, the employee may be assisted by :

  • By a company employee of his or her choice (employee representative);
  • By an employee advisor chosen from a list drawn up by the administrative authority, in the absence of an employee representative within the company.

If the employee is assisted, he must inform his employer, who may also be assisted:

  • By a company employee of his or her choice
  • By a member of its employers’ union, or by another employer in the same industry, if the company employs fewer than 50 people.

Signing the contractual termination agreement :

  • This agreement is signed following the interviews;
  • It must specify the date of termination of the employment contract (which cannot be the date of signature) and the amount of compensation;
  • It must be signed by both parties;
  • One copy must be given to the employee;

Please note: once the “rupture conventionnelle” has been signed, each party has 15 calendar days in which to withdraw from the agreement.

This period begins the day after the agreement is signed.

Important: if the last day of the deadline falls on a Saturday, Sunday or public holiday, the deadline is extended to the 1st working day.

Once this deadline has passed, the DDETSPP must approve the termination.

Approval of the contractual termination agreement

  • The request must be made after expiry of the withdrawal period;
  • The request must be sent to the DDETSPP
  • Registration applications must be submitted online, via the TéléRC.travail.gouv.fr website;
  • If the person making the request for homologation is not able to use the teleservice, the request can be made by submitting a form, by filling in the cerfa n°14598 form for requesting homologation of a contractual termination and sending it to the DDETSPP;
  • In the absence of a response from the DDETSPP within 15 working days, the agreement is deemed approved.
  • If approval is refused, reasons must be given for the decision.

Important: any appeal concerning the agreement, its homologation or the refusal to homologate must be submitted to the Conseil de prud’hommes within 12 months of the date of homologation of the agreement.

How is the severance pay calculated?

Under French law, the severance pay payable on termination of employment by agreement must not be less than the statutory severance pay or the severance pay payable under the collective bargaining agreement.

To calculate the severance pay, we need to take into account the employee’s length of service and reference salary, which corresponds either to the monthly average of the last 12 months prior to dismissal, or to the monthly average of the last three months prior to dismissal.

Please note: Collective bargaining agreements may provide for a more favorable severance payment for the employee, which should be taken into account.

For example, the Syntec collective bargaining agreement provides for a specific redundancy payment, and therefore a contractual termination payment, for engineers and managers with more than 2 years’ seniority.

For other employees, the indemnity provided for in the agreement is the same as the statutory indemnity.

Engineers and managers with more than two years’ seniority receive an indemnity equal to 1/3 of a month for each year of presence.

It is therefore advisable to take into account this particularity of the agreement when concluding a contractual termination with an engineer or manager with more than two years’ seniority in the company.

For other employees, the legal and conventional indemnities are similar.

Important: Since September 1, 2023, a contribution payable by employers has been levied on the portion of the severance pay that is exempt from social security contributions. The rate is set at 30%. This contribution will apply to all contractual termination agreements.

DESRUMAUX AVOCATS is at your disposal to support you at every stage of the contractual termination of employment with one of your employees.

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Consulting and Litigation: Prevent or Cure?

Imagine driving a car without checking the condition of your brakes. You drive along carefree until you have to stop suddenly – but the brakes don’t respond. An accident is inevitable.

The same is true in the business world.

A law firm can help you in two ways:

  • By advising you to avoid legal pitfalls, rather like a good mechanic checking your brakes. Legal counsel can help you understand complex regulations, ensure your company’s compliance, protect your rights, manage risks, and draft and review contracts. It can also give you a head start in negotiations, and help you avoid mistakes that could cost your business dearly in the future.
  • By defending you when a dispute arises, similar to car insurance after an accident.

The services are complementary, and our firm offers both.

Indeed, a company’s first contact with a lawyer is often through litigation. The financial outlay involved in seeking legal advice often forces the entrepreneur to postpone this expense as long as possible.

However, in most cases, with a prior investment in consultancy services, litigation could have been avoided.

In such cases, the company is obliged to invest in resolving the dispute, and then to entrust us with a consultancy mission to correct the contract or practice that gave rise to the dispute, so that it does not recur with another business partner or employee. In this case, the cost is doubled for the company, which also runs the risk of not emerging victorious from the dispute.

Litigation cannot always be avoided, even with early legal advice, but its chances of occurrence can be significantly reduced. If it does occur, litigation can be made far less painful by the reassurance of having acted in accordance with the law, and a far greater chance of victory.

Our legal advice is therefore as follows: it is better to invest in advisory services from the outset, so as to establish your company on a solid legal footing, than to endure litigation that could jeopardize the development of your business.

Some examples of avoidable litigation:

  • Business law :
    • Conflictual termination of a contract whose obligations and conditions of termination were poorly negotiated beforehand
    • Non-payment for services whose price or performance has not been clearly agreed in writing (quotation, contract, etc.).
  • Employment law :
    • Non-compliance with a conventional termination procedure: failure to approve a conventional termination, failure to meet deadlines. The risk: invalidation of the contractual termination as a dismissal without real and serious cause.
    • Implementation of a fixed-day contract for an employee under the Syntec agreement, even though he did not have sufficient autonomy and was not a manager with a minimum 3.3 grade (before the reform).

Contact us for a free legal audit of the legal documents your company needs to implement.

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DESRUMAUX AVOCATS takes action for the planet

For almost a year now, the firm has been using ELISE to recycle its corporate waste. Despite all the firm’s efforts to reduce waste production, the use and disposal of large quantities of paper remains an inherent part of the legal profession. In an effort to reduce its environmental impact, the firm calls on ELISE to collect and recycle its waste.

By giving priority to recycling and avoiding the incineration of a large proportion of corporate waste, ELISE and the firm are helping to reduce atmospheric pollution and preserve natural resources.

In addition, ELISE’s workforce is mainly made up of people with disabilities or integration difficulties. By switching from incineration or landfill to recycling used paper, the firm is helping to create 10 times more jobs in the paper and cardboard processing sector.

After almost a year, the firm is very pleased to conclude that ELISE is a professional company, and would like to recommend it to all other companies wishing to reduce their environmental impact.

On a day-to-day basis, the firm pursues its efforts by adapting the insulation of its premises, encouraging teleworking, favoring soft mobility for its journeys, calculating its carbon footprint, etc.

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How to negotiate a commercial contract

You have a new business partner and want to frame your relationship with a contract. Your new partner has made you an offer but you don’t know what to think.

Here’s a summary of what you need to pay particular attention to.

1. Contract preamble

Contracts often contain a preamble that describes the context in which the parties came together.
If the contract is unbalanced, this can often be seen in the preamble, in the way the objectives and roles of the parties are described. If the preamble already doesn’t reflect your vision of the relationship, pay particular attention to what follows.

2. Contract duration and termination options

Many contracts proposed by one of the parties provide several possibilities for one of the parties to terminate the contract early (in the event of misconduct, late payment, change
of economic situation, etc.) without giving the other party the same possibility.

The contract is then very unbalanced, with the other party having to rely on the legal provisions of the Civil Code, which are sometimes less free, to terminate if it so wishes.

3. The parties’ liability clause

Contracts most often contain a clause on the liability of the parties, which may exonerate one party from all responsibility in the event of non-performance, or on the contrary place a heavy burden on the party who performs imperfectly.
The middle ground is most often found in the liability of the parties for direct and foreseeable damage resulting from their non-performance, and within the limit of the contractual amount. In this way, the parties can be made responsible without incurring
costs that are totally disproportionate to the purpose of the contract.

4. Special clauses

Depending on your situation, certain clauses may be particularly important to you. These may include, for example, the following clauses:

  • confidentiality clause,
  • intellectual property clause,
  • non-solicitation clause,
  • clauses stipulating a timetable or minimum number of orders, etc.

There is no standard wording for these clauses, which must perfectly reflect your wishes. However, a lawyer can help you to formulate your wishes clearly, so that there are no misunderstandings when the contract is applied.

5. Sanctions

If an obligation is not accompanied by a sanction, then nothing obliges your co-contractor to respect it.
It is therefore important to check that each obligation is accompanied by a sanction. It’s by anticipating any malfunctions in your contractual relationship that you can ensure that your relationship is secure.

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Corporate social responsibility for the benefit of employees: why and how can my company’s employees benefit from this type of policy?

The aim of our monthly newsletter is to help you adopt a CSR approach, if you so wish, and to give you concrete examples of steps you could take. We’ll start with good practices that can be implemented within your company to benefit your employees.

CSR policies that benefit employees are indeed of considerable interest. Indeed, since the health crisis, 63% of French people are more attentive to the commitments made by companies. 84% of French employees believe that corporate social responsibility should be a priority, along with health and safety in the workplace. Quality of life in the workplace and equal opportunities are also high on the list.

So if you want your company to be attractive, and if you want to keep your existing employees, here are a few tips.

Corporate social responsibility for the benefit of employees

What actions can be implemented as part of a CSR policy to benefit employees?

Offer good social conditions within your company

Respect and enforce the basic rules of health and hygiene at work (washing hands, using personal protective equipment (PPE), observing safety signs, avoiding overwork, maintaining cleanliness, having a first-aid kit to provide first aid in the event of an accident at work, respecting the anti-smoking policy, offering your team a day of first-aid training (PSC1), etc.).

Above and beyond any CSR policy, this objective must be the first to be respected within your company to guarantee a good quality of life at work for all your employees.

  • Join the collective bargaining agreement for your industry, which guarantees working conditions adapted to your company’s sector.

Promoting diversity and fighting discrimination in the workplace :

    • Have an inclusive hiring policy (neutral job advertising, structured interviews that are the same for all candidates, implementation of a transparent hiring policy, establishment of clear and objective selection criteria, providing positions for employees with disabilities, etc.).
    • Promote equality between men and women (policy of fair pay for equivalent work, adapting working hours for people with family responsibilities, etc.).
    • Evaluate annually the fairness of salaries for all staff (comparative analysis of salaries in particular).
    • Implement a mentoring policy within the company. In concrete terms, this means creating a structured program…

Be attentive to employees’ personal well-being:

  • Create a healthy and pleasant working environment: make premises welcoming and convivial by installing plants, optimize workplace lighting: good lighting improves productivity and employee well-being, optimizing direct access to sunlight can also have a positive impact on your employees’ well-being, dedicate rooms to employee well-being with a break room for example, reduce noise pollution;
  • Focus on ergonomics to enhance your employees’ well-being at work and improve their productivity (comfortable chairs, adjustable tables, etc.);
  • Encourage the use of telecommuting: telecommuting is an environmentally-friendly alternative that also enables employees to be more rested and productive. It also ensures a better balance between employees’ private and personal lives. For the company, the development of telecommuting reduces the carbon footprint by cutting down on employee travel, as well as reducing energy consumption on company premises. To ensure that telecommuting is effectively implemented within the company, it will be necessary to establish clear rules for organizing telecommuting within the company, by adopting a telecommuting charter for example. Finally, you’ll need to equip your employees to enable them to work properly from home.
  • Annual appraisal interviews: these ensure that the employee is satisfied with his or her working conditions, and also identify any difficulties he or she may be experiencing.
  • Adapting working hours: whenever possible, employees should be able to adapt their working hours to ensure a balance between their professional and personal/family lives, through the introduction of part-time working, flexible working hours or working time modulation. These working time arrangements can be put in place by means of a collective labor agreement.

Ensuring a good atmosphere within the company

  • By organizing solidarity team-buildings (zero waste activity, Run for the Planet, an introduction to permaculture…) and/or by organizing impact challenges within the company. The ma petite planète application offers examples of three-week challenges that can be carried out within companies.
  • Introduce “solidarity” days off, during which employees can help an association.
  • Some companies go so far as to opt for corporate philanthropy: employees contribute their skills to a public-interest organization during their working hours, and are paid for doing so.

For employees, it allows them to become fully and personally involved in their company’s CSR policy, while feeling particularly useful.

For companies, corporate philanthropy entitles them to a tax reduction of 60% of the employee’s salary. In practical terms, corporate philanthropy is implemented through the provision of services or the loan of manpower.

Important:
It is essential to communicate your company’s CSR policy to your employees, so that they can become involved and appreciate the benefits.

To this end, you can set up a CSR roadmap that will be sent to employees or posted within the company to keep them informed of the projects envisaged and their progress.

It is also possible to appoint a CSR manager within the company, or assign responsibilities to various employees in this area.

It may also be worth setting up an open dialogue within your company to find out what your employees expect from a CSR policy.

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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.