Working hours of the employee: flat rate agreement in hours or days
Verified 01 January 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The flat-rate agreement is a document that provides for the employee to work a different length of time from the legal or contractual period, on the basis of an established flat-rate in hours (over the week, month or year) or in days (over the year). We present the 2 situations.
In days
The individual day-flat-rate agreement is a document drawn up in writing, which formalizes the conditions allowing the employee to work as part of a day-flat-rate.
The conditions applicable to the employee shall be:
- Either by one company collective agreement or establishment
- Either by a convention or a branch agreement.
The agreement of the employee is mandatory.
The employee must sign the individual contract.
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 schedule and not subject to a scoring system (manual, automatic or computer)
- Employees whose working time cannot be predetermined and who have autonomy in the organization of their schedule.
The employee's working hours are not counted in hours. The employee on a daily basis is required to work a certain number of days in the year.
This number of working days in the year is fixed at 218 days at most.
However, a collective company or establishment agreement (or, if not, a branch agreement or agreement) may set a number of working days of less than 218.
The employee is therefore not subject to compliance with the maximum daily and weekly working hours.
Conversely, he continues to benefit from the legal guarantees provided for in terms of rest daily and weekly, paid leave and public holidays unemployed in the company. To ensure compliance with these guarantees, the employer must regularly ensure:
- the workload of the employee 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.
Employee's rest in package days
The employee is entitled to a certain number of days of rest, provided in advance.
However, the employee may waive part of his days of rest.
In return, he receives an increase in his salary for additional working days. An agreement must then be drawn up in writing between the employee and the employer.
The salary increase is specified by an addendum to the individual flat-rate agreement. Its rate is at least set at 10%.
If the employee renounces part of the days of rest, he cannot 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, paid leave and public holidays unemployed in the company.
Compensation of the employee in fixed days
The employee's remuneration must take into account the workload imposed on the employee in a flat-rate days.
The employee's remuneration is subject to an annual interview with the employer (unless different conditions are laid down by agreement or convention applicable in the company).
If the remuneration is manifestly unrelated to the constraints imposed on the employee, the latter may refer the matter to the labor court to claim compensation.
This compensation is calculated on the basis of the damage suffered.
Employee's rights in fixed days to additional days of rest
The employee on a daily flat rate does not benefit from a reduction in working time (RTT).
However, under the individual flat-rate agreement, the employee is entitled to additional days of rest.
The calculation of the number of days 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 (number of Saturday and Sunday)
- Deduction of paid leave working days
- Deduction of holidays falling between Monday and Friday.
For 2026: 365 - (218 + 104 + 25 + 9) = 9.
Thus, for 2026, the number of additional days of rest for an employee on the daily package is 9.
Please note
If a category of workers is granted additional public holidays in view of their place of work (e.g. in Alsace-Moselle), they must be taken into account in determining the number of days of rest.
In hours
A flat-rate agreement in hours makes it possible to include a certain number of foreseeable overtime hours in an employee's working time, and 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 hours of overtime over the month of December.
The hourly package is weekly, monthly or annual.
The agreement of the employee is mandatory.
The employee must sign the individual contract.
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:
- Executives 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 with a real autonomy in the organization of their schedule.
Any employee can benefit from an individual flat-rate agreement in hours scheduled for the week or month.
The working time is fixed in the individual contract. It provides in advance for a certain number of hours of overtime worked and paid, without exceeding maximum daily and weekly duration of work.
If the employee works overtime beyond the flat rate, the overtime is paid in the usual conditions.
The employee continues to benefit from the legal guarantees provided for in terms of rest daily and weekly, paid leave and public holidays unemployed in the company.
The remuneration of an 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 package agreement provides for overtime, surcharges are due.
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Working hours: common provisions
Hourly package agreements (public policy)
Package agreements in days (public policy)
Package agreements in hours and days over the year (scope of collective bargaining)
Package agreements in days (additional provisions)