A ruling of the French Supreme Court (Cour de cassation) dated 11 March 2025 confirms that the invalidity of a working time in days arrangement (forfait annuel en jours) does not, in itself, entitle the employee to compensation. In order to obtain compensation, the employee must prove that they suffered specific harm.
• Context
An employee was subject to a working time in days arrangement concluded under the Syntec collective bargaining agreement. The employee argued that her working time in days arrangement was invalid because the employer had failed to ensure sufficient monitoring of her working time and workload. She claimed damages for violation of her rights to rest and health, in addition to the paymen,t of overtime.
• Legal issue
The question asked to the French Supreme Court was whether the invalidity of a working time in days arrangement automatically entitles the employee to damages (in addition to overtime payment) or whether the employee must prove a distinct and specific harm.
• French Supreme Court ruling
In its decision, the French Supreme Court reiterated that where a working time in days arrangement is deemed invalid, the employee is entitled to payment for the overtime hours worked. However, this finding alone is not sufficient to justify additional damages. The employee must prove the existence of a separate and distinct loss.
In summary, this decision clarifies the legal framework applicable to working time in days arrangements:
- The invalidity of the working time in days arrangement entitles the employee to overtime payment but does not automatically lead to additional compensation;
- The employee can only be awarded damages if they prove that they have suffered a distinct loss.
Cass. soc., 11 March 2025, No. 23-19.669