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The annual working-days package
The annual working-days package
Understanding the rules applicable at FMM, the safeguards provided by the company agreement, and the key points to monitor regarding workload, rest periods, assignments and effective monitoring of the annual working-days package.
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The annual working-days package allows working time to be counted over the year in days or half-days worked, rather than by reference to a weekly schedule.
At FMM, this package is set at 204 working days per year for full-time employment.
This number may be reduced under a reduced annual working-days package or exceeded under the conditions provided by the FMM company agreement.
Employees under an annual working-days package are not subject to the overtime regime, unless the package agreement is annulled or deprived of effect.
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It is possible to provide for a working-time arrangement different from the statutory 35-hour working week, through an arrangement establishing an annual count of working time in days.
At FMM, this package is set at 204 working days per year for full-time employment.
An employee covered by an annual working-days package agreement is not subject to statutory working time, to maximum daily and weekly working-time limits, or to the payment of overtime.
However, the 10-hour daily limits, the 48-hour weekly limits and the average of 44 hours over 12 weeks provided by the FMM company agreement constitute maximum organisational reference limits, not a usual working standard.
By way of exception or derogation, for a limited period, these maximum limits may be adjusted.
- Daily working time may be increased to 12 hours.
- Weekly working time may exceed 48 hours, without ever exceeding 60 hours.
The length of working days must remain reasonable. At FMM, the exceptional maximum span of a working day may not exceed 13 hours. This span is measured from the first professional act to the last professional act of the day.
You benefit from the statutory safeguards relating to daily rest, weekly rest, paid leave and non-worked public holidays in the company. The employer must also regularly ensure that your workload remains reasonable and allows proper distribution of work over time.
The following employees may enter into an annual working-days package agreement, within the meaning of Article L3121-58 of the French Labour Code, provided they have genuine autonomy in organising their working schedule.
- Managerial employees whose duties do not require them to follow the collective schedule applicable in their department or team.
- Employees whose working time cannot be predetermined and who have genuine autonomy in organising their working schedule.
At FMM, employees who may be covered by the annual working-days package fall within classification groups 5 to 12. However, this classification alone is not enough. Genuine autonomy in the organisation of work remains an essential condition. Senior executives are not eligible for the annual working-days package.
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Counting working time in days requires your express agreement and must be set out in a written working-days package agreement, signed by both parties, in accordance with Article L3121-55 of the French Labour Code.
It may be included in your employment contract or in an amendment to it. It must expressly refer to the FMM agreement, set the number of days worked and state the conditions for applying the monitoring and control system for working time and workload.
At FMM, the individual agreement must therefore state the applicable package, namely 204 working days per year for full-time employment, or the number of days provided under a reduced annual working-days package. The number of days must not remain implicit.
The annual working-days package does not authorise permanent availability or continuous contact outside working time. The arrangements governing the right to disconnect at France Médias Monde are defined in the “unilateral charter on the use of professional digital tools”.
Priority point to monitor. The mere mention of a working-days package on a payslip, schedule or HR tool is not enough. There must be an individual written agreement accepted by the employee. See Cass. soc., 4 November 2015, no. 14-10.419.
Pay attention to practical implementation. Even with a signed individual agreement, the package may be deprived of effect if the employer fails to prove the effective application of the required safeguards. These include, in particular, monitoring the number of days worked, regular workload control, the specific interview, compliance with rest periods and corrective measures in the event of excessive workload.
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Daily rest. You are entitled to a daily rest period, between two working days or before a weekly rest period, of at least 11 consecutive hours.
Consequently, the maximum span of your working day may not exceed 13 hours. This span corresponds to the interval between the first professional act and the last professional act of the day. It is therefore not the same as actual working time alone.
- By way of exception, daily rest may be reduced to 9 hours.
- Refusing a reduction in daily rest does not constitute misconduct.
- Any reduction in daily rest gives rise to equivalent compensatory rest in time, determined in agreement with the line manager.
Weekly rest for technical and administrative staff
Weekly rest has a minimum duration of 24 consecutive hours, to which daily rest hours are added, giving a total of 35 hours, in accordance with Article L3132-2 of the French Labour Code.
It is in principle preceded or followed by a non-working day. It may not be both preceded and followed by night work.
Weekly rest for journalists
In accordance with the CCNTJ, the National Collective Agreement for Journalists, and the FMM agreement, weekly rest of two days, in principle consecutive, must be ensured.
The two weekly rest days are normally taken consecutively, without necessarily falling at the end of the week.
If the journalist cannot benefit from the second weekly rest day, one compensatory rest day is granted, if possible during the following week and no later than within 15 days. This derogation is not possible for night workers.
During assignments, daily rest and weekly rest must also be respected. If they cannot be taken, they give rise to compensatory rest as soon as possible after returning from the assignment and, at the latest, within the following 15 days. Management must inform the employee in writing.
Assignment rest-time calculator. To facilitate the estimation of compensatory rest linked to rest periods not taken or insufficiently taken, CFTC FMM provides a dedicated calculator.
Rest not respected: major warning. When an employee works more than six consecutive days, when rest periods are not taken, or when breaches are repeated, the employer must act quickly. Payment or later compensatory rest is not enough if the excessive workload was not addressed in good time. See Cass. soc., 10 January 2024, no. 22-13.200.
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At FMM, monitoring of the annual working-days package is not limited to the annual interview. Work activity must be subject to continuous monitoring by management, which is responsible for assessing the workload and its distribution over time.
This monitoring must be concrete, regular and corrective. The mere existence of a tool, table, badge system, monthly statement or annual interview is not enough if management does not actually check the data, analyse anomalies and take rapid measures in the event of excessive workload or rest periods not being respected.
Monitoring the number of days worked must be established through a document showing the number and date of days or half-days worked, as well as the positioning and classification of rest days, including weekly rest, paid leave, days without a shift and compensatory rest.
A specific individual interview is organised every year. It covers, in particular, the following points.
- The organisation and distribution of the workload.
- The span of working days and compliance with rest periods.
- The relationship between professional activity and personal life.
- Pay, which must take account of the workload of the employee under an annual working-days package.
- The resources available and, where necessary, the corrective measures to be implemented.
A written report must be drawn up after this interview and sent to the Human Resources Department.
The workload monitoring interview must not be confused with the professional appraisal interview, which has a different purpose. For practical reasons, these two interviews may nevertheless be organised on the same day, provided that monitoring of the annual working-days package is the subject of a specific and traceable discussion.
Recent case law. The employer must prove effective and regular monitoring enabling it to remedy, in good time, a workload incompatible with reasonable working time. A system resting mainly on self-reporting or employee alerts is insufficient. See Cass. soc., 8 February 2023, no. 21-19.512. The formal existence of a document, annual interview or time-recording tool is also not enough. See Cass. soc., 2 April 2025, no. 23-23.975, Cass. soc., 4 February 2026, no. 24-21.548 and Cass. soc., 11 March 2026, no. 25-10.552.
In the event of excessive workload. The employee may alert management at any time. An interview must then be organised without delay to prioritise tasks and define appropriate measures. The alert must leave a written record with the date, the difficulties reported, management’s response, the measures taken and subsequent monitoring over time. If the difficulties persist, the employee or their manager may request the involvement of the N+2 manager or HR. See Cass. soc., 11 March 2026, no. 24-22.163.
You may agree with FMM management on an annual working time below 204 days. In that case, pay is reduced accordingly.
- The number of days worked is defined by the employment contract or by an amendment to the contract.
- Any day worked beyond the reduced annual working-days package entitles the employee, at their choice, to payment of the daily salary increased by 10% or to time-off in lieu on a time-for-time basis.
- At the employer’s request, you may occasionally be asked to work beyond your contractual package. You may refuse. This refusal cannot constitute misconduct or grounds for dismissal.
- Employees with a reduced annual working-days package do not benefit from RTT working-time reduction days, since their annual working time is already below 204 days.
In agreement with management, you may waive part of your rest days and exceed the volume of working time set in your annual working-days package, within the limit of 14 working days per year. You may therefore work a maximum of 218 days per year.
- These requests must be made in writing no later than 1 July and validated in writing by management within one month.
- Working days performed beyond the package are compensated at 125% of the daily salary.
- The agreement must be formalised in writing, by amendment to the working-days package agreement. This amendment applies only for the current year and may not be tacitly renewed, in accordance with Article L3121-59 of the French Labour Code.
Exceeding the package does not make chronic overload normal. Any excess over the package must remain voluntary, written, limited in time and compatible with a reasonable workload. It cannot be used to neutralise habitual overruns or rest periods that are regularly not respected.
| Situation | Condition | Compensation |
|---|---|---|
| Exceeding the annual package | Written request by the employee and written validation by management. | Days compensated at 125% of the daily salary. |
| Annual limit | Excess limited to 14 working days per year. | The excess must remain exceptional, controlled and compatible with a reasonable workload. |
| Reduced annual working-days package | Occasional work beyond the contractual package, with the employee’s right to refuse. | At the employee’s choice: payment of the daily salary increased by 10% or time-off in lieu on a time-for-time basis. |
In the event of a challenge to the annual working-days package, the employee must be able to present sufficiently precise evidence of their working time, daily spans, rest periods not taken and actual workload. The employer must then respond by producing its own evidence.
Useful documents to keep.
- The individual working-days package agreement or the amendment to the employment contract.
- Schedules, service rosters, assignment orders and travel documents.
- Records of days worked, rest days, days without a shift, leave and compensatory rest.
- Actual working hours during assignments, including start, end, travel, waiting and resumption times.
- Messages sent very early, very late, at weekends or during rest periods.
- Alerts sent to management or HR and the responses received.
- Interview reports relating to workload.
- Refusals, postponements or impossibilities of taking rest days and compensatory rest.
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Key points
The main legal references to keep in mind, grouped by theme, with the most useful points for FMM employees to monitor.
| Theme | Useful references | Key point |
|---|---|---|
| Written individual agreement | Cass. soc., 4 November 2015, no. 14-10.419 | The working-days package requires the employee’s express agreement and a signed written document. A mere mention on the payslip, in a schedule or in a management tool is not enough. |
| Genuine autonomy | Cass. soc., 15 December 2016, no. 15-17.568 Cass. soc., 7 September 2017, no. 15-24.725 |
A schedule is not prohibited, but an organisation imposing predetermined hours may be incompatible with the working-days package. An employee under an annual working-days package cannot be considered a senior executive exempt from working-time rules. |
| Number of days | Cass. soc., 25 March 2026, no. 24-22.129 | An error regarding the number of days or the collectively agreed ceiling does not automatically annul the package where the arrangement remains authorised by the applicable collective agreement. |
| Effective monitoring | Cass. soc., 19 December 2018, no. 17-18.725 Cass. soc., 2 April 2025, no. 23-23.975 |
The burden of proving compliance with monitoring safeguards lies with the employer. It must demonstrate real control, not merely the existence of a tool or an interview. |
| Formal tools insufficient | Cass. soc., 8 February 2023, no. 21-19.512 Cass. soc., 4 February 2026, no. 24-21.548 Cass. soc., 11 March 2026, no. 25-10.552 |
Self-reporting, monthly statements, time recording or annual interviews are not sufficient without active management analysis and rapid corrective measures. |
| Alerts and rest periods | Cass. soc., 10 January 2024, no. 22-13.200 Cass. soc., 11 March 2026, no. 24-22.163 |
Repeated overruns, rest periods not respected or employee alerts require a rapid, concrete and traceable response. |
| Financial consequences | Cass. soc., 11 March 2025, no. 23-19.669 Cass. soc., 11 March 2025, no. 24-10.452 Cass. soc., 6 January 2021, no. 17-28.234 |
Annulment or deprivation of effect gives entitlement to proven overtime. Damages require separate harm. Rest days granted in consideration for the package may become repayable. |
| Limitation period | Cass. soc., 27 March 2019, no. 17-23.314 | The annual working-days package may still be challenged as long as the related claim for payment of overtime is not time-barred. |
| Progressive retirement | Article L3121-60-1 of the French Labour Code | Since 26 October 2025, progressive retirement has been open to employees under an annual working-days package. |
1Signed individual agreement
The annual working-days package must be expressly accepted by the employee and formalised by a clause in the employment contract or by an amendment. A mention on the payslip, in a schedule or in a management tool is not enough. See Cass. soc., 4 November 2015, no. 14-10.419.
2Genuine autonomy and schedules
A simple schedule identifying days worked, rest days, days without a shift, RTT working-time reduction days included in the cycle or on-call periods is not, in itself, incompatible with the annual working-days package. Conversely, an organisation imposing precise hours, permanent presence or fixed shifts incompatible with any autonomy may allow the working-days package agreement to be challenged. See Cass. soc., 15 December 2016, no. 15-17.568.
3Senior executives excluded
Working-time rules do not apply to senior executives. An employee under an annual working-days package cannot be considered a senior executive. See Cass. soc., 7 September 2017, no. 15-24.725.
4Error regarding the number of days or the collectively agreed ceiling
An error regarding the number of days provided in the individual agreement does not automatically have the same effects as a failure to monitor workload. Where the applicable collective agreement authorises a working-days package but sets a ceiling lower than that provided in the contract, the employee may claim payment for days worked beyond the ceiling or compensation, without the agreement being automatically null and void. See Cass. soc., 25 March 2026, no. 24-22.129.
5Effective workload monitoring
An annual working-days package agreement does not exempt the employer from its obligation to regularly monitor your workload and the span of working time. The employer must be able to demonstrate effective, regular and corrective monitoring, enabling it to remedy potential excessive workload in good time. See Cass. soc., 19 December 2018, no. 17-18.725 and Cass. soc., 2 April 2025, no. 23-23.975.
In practical terms, having a monitoring document is not enough. Management must consult it, identify anomalies, question the employee, check rest periods, adjust the workload and keep a record of the measures taken.
6Monitoring must not rest solely on the employee
A system that relies mainly on self-reporting, the possibility for the employee to make comments or the employee’s alert in the event of excessive workload is insufficient if the employer does not implement active monitoring. See Cass. soc., 8 February 2023, no. 21-19.512.
7Document, time recording or annual interview
The French Court of Cassation has recalled that the existence of a control document, a time-recording system, a monthly statement or an annual interview is not enough if the court does not find effective and regular monitoring enabling the employer to remedy an unreasonable workload in good time. See Cass. soc., 4 February 2026, no. 24-21.548 and Cass. soc., 11 March 2026, no. 25-10.552.
8Alerts, excessive workload and rest periods not respected
The employee must not be left alone to deal with excessive workload. If an alert is raised, the employer must act through a prompt interview, task prioritisation, workload reduction or reorganisation, reinforcement where necessary and monitoring of the measures taken. Failure to take corrective measures in response to a reported workload may deprive the working-days package agreement of effect. See Cass. soc., 11 March 2026, no. 24-22.163.
Repeated overruns, failure to respect rest periods or working more than six consecutive days are major warning signs. See Cass. soc., 10 January 2024, no. 22-13.200.
9Agreement annulled or deprived of effect
The working-days package agreement may be annulled or deprived of effect, and the employee may claim overtime, particularly where the individual agreement is not written or signed, where genuine autonomy is contradicted by fixed hours, where rest periods are not respected, or where the employer fails to establish that it took effective measures to remedy excessive workload.
10Overtime, damages and JRTT working-time reduction days
In the event of annulment or deprivation of effect of the annual working-days package, the employee may claim payment for overtime actually worked, under the evidentiary regime applicable to working time. Damages may also be claimed, but the employee must prove harm separate from that compensated by overtime back pay. See Cass. soc., 11 March 2025, no. 23-19.669 and Cass. soc., 11 March 2025, no. 24-10.452.
Warning. In the event of annulment or deprivation of effect of the package, the employer may request repayment of the rest days granted specifically in consideration for the package, excluding ordinary paid leave. See Cass. soc., 6 January 2021, no. 17-28.234.
11Pay and limitation period
Pay must take account of the constraints imposed on the employee under an annual working-days package. If it is manifestly unrelated to those constraints, the employee may refer the matter to the civil courts. See Article L3121-61 of the French Labour Code.
You may challenge the validity or enforceability of your annual working-days package agreement as long as the related overtime payment claim is not time-barred. See Cass. soc., 27 March 2019, no. 17-23.314. The limitation period for wage payment claims is 3 years.
12Progressive retirement
Since 26 October 2025, an employee under an annual working-days package may request progressive retirement with a reduction in the number of days worked. If the employer does not provide a written and reasoned response within two months, its agreement is deemed granted. See Article L3121-60-1 of the French Labour Code.