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Power of the employer and modification of the work schedule
The modification of working hours , whether linked to the distribution of hours worked in a day or a week, is generally considered within the framework of the employer’s management authority. This gives them the freedom to make changes as they see fit. However, certain practices have emerged in companies to organize the distribution of working time when a public holiday falls within the working week.
Condemnation of the “one fifth or one tenth” rule
A common practice is to determine the remaining working hours of the week, including a non-working public holiday, by deducting either one fifth or one tenth of the theoretical weekly working hours, depending on whether the employee is full-time or full-time. partial. time. However, for the first time, the social chamber decided to condemn this practice.
The judgment of the social chamber is based on two essential points. Firstly, it refers to article L. 3133-2 of the labor code which provides that working hours lost due to unemployment on public holidays must not be recovered. Secondly, it argues that the so-called “fifth” or “tenth” rule effectively forces employees to work for an effective duration equal to four-fifths or nine-tenths of the contractual working time for the week, regardless of the hours. actually worked on the public holiday.
The court concludes that this practice leads to “recovery” of the hours actually worked due to the usual duration of the non-working public holiday, thus contravening the provisions of article L. 3133-2 of the labor code.
This landmark decision highlights the importance of adhering to labor laws and respecting employee rights. It establishes that employers cannot use such practices to force employees to make up hours not worked on public holidays. By clarifying this issue, the judgment provides guidance and guarantees for employees’ rights in the context of changes to working hours and public holidays.
