Employee's hours of work: lump sum agreement in hours or days
Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)
A lump-sum agreement is a document which provides for the employee to work for a period different from the legal or contractual period, on the basis of an established lump sum in hours (over the week, month or year) or in days (over the year). We present you the 2 situations.
In days
The individual package contract in days is a document drawn up in writing, which formalizes the conditions allowing the employee to work within the framework of a package in days.
The conditions applicable to the employee shall be:
- Either by a collective company agreement or establishment
- Either by a convention or a branch agreement.
The employee's agreement is mandatory.
The employee must sign the individual lump sum agreement.
Only the following employees may conclude an individual flat-rate agreement in days over the year, within the limit of the number of days fixed by the collective agreement:
- Managers with autonomy in the organization of their time schedule and not subject to a pointing system (manual, automatic or computer)
- Employees whose working hours cannot be predetermined and who have autonomy in the organization of their work schedules.
The employee's working hours are not counted as hours. The employee on a fixed-day basis is required to work a certain number of days in the year.
This number of working days in the year shall be fixed at 218 days at the most.
However, a collective company or establishment agreement (or, if not, a branch agreement or agreement) may fix a number of working days of less than 218.
The employee is therefore not subject to compliance with the daily and weekly maximum working hours.
On the other hand, he continues to benefit from the legal guarantees provided for rest daily and weekly, of paid leave and public holidays unemployed in the company. To ensure that these guarantees are respected, the employer must regularly ensure that:
- the employee's workload is reasonable and allows a good distribution of his work over time
- and the proper articulation between the employee's professional activity and his personal life.
Rest
The employee is entitled to a certain number of rest days, scheduled in advance.
However, the employee may give up part of his rest days.
In return, he receives an increase in his salary for extra working days. An agreement must then be drawn up in writing between the employee and the employer.
The salary increase shall be specified by an amendment to the individual lump-sum agreement. Its rate is at least set at 10%.
If the employee gives up part of the rest days, he or she may not work more than 235 days in the year. However, the agreement or convention applicable in the company provides for a different period (higher or lower).
In any case, the number of days worked must not jeopardize the employee's guarantees of rest daily and weekly, of paid leave and public holidays unemployed in the company.
Remuneration
The remuneration of the employee must take into account the workload imposed on the employee in lump-sum days.
The employee's remuneration shall be the subject of an annual interview with the employer (unless different conditions are laid down in an agreement or agreement applicable in the company).
If the remuneration is manifestly unrelated to the constraints imposed on the employee, the latter may to refer the matter to the labor council to claim compensation.
This compensation shall be calculated on the basis of the damage suffered.
Rights to RTT of an employee at the daily package
The calculation of the number of working time reduction days (RTT) under the individual package agreement shall be carried out under the following conditions:
- Determination of the number of days in the year
- Deduction of the maximum number of working days in the year
- Deduction of weekly rest days (Saturday and Sunday)
- Deduction of PTOs
- Deduction of public holidays falling between Monday and Friday.
For 2025: 365 - (218 + 104 + 25 + 10) = 8.
Thus, for 2025, the number of RTT days for an employee on a daily basis is 8.
Please note
If a category of workers benefits from additional public holidays in view of their place of work (for example in Alsace-Moselle), they must be taken into account when determining the number of days of RTT.
In hours
A flat-rate agreement in hours makes it possible to incorporate a certain number of predictable overtime hours into an employee's working time, over a predetermined period.
If the company has a strong activity at the end of the year, it is possible, for example, to sign an agreement providing in advance for the payment to the employee of 15 overtime hours over the month of December.
The package in hours is weekly, monthly or annual.
The employee's agreement is mandatory.
The employee must sign the individual lump sum agreement.
Only the following employees may conclude an individual flat-rate agreement in hours over the year, within the limit of the number of hours fixed by the collective agreement:
- Managers whose nature of duties does not allow them to apply the collective schedule in force within the workshop, department or team to which they are integrated
- Employees who have real autonomy in the organization of their work schedule.
Any employee can benefit from an individual agreement in hours scheduled on the week or on the month.
The duration of work shall be fixed in the individual flat-rate agreement. It provides in advance for a certain number of overtime hours worked and paid, not exceeding maximum daily and weekly duration of work.
If the employee works overtime in excess of the fixed amount, overtime shall be paid within usual conditions.
The employee continues to benefit from the legal guarantees provided for rest daily and weekly, of paid leave and public holidays unemployed in the company.
The remuneration of the employee who has concluded a flat-rate agreement in hours shall be at least equal to the minimum remuneration applicable in the company.
If the flat-rate agreement provides for overtime, surcharges are due.
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Hours of work: common provisions
Flat rate agreements in hours (public policy)
Package agreements in days (public policy)
Flat rate agreements in hours and days per year (scope of collective bargaining)
Package agreements in days (additional provisions)