Collective agreements: an employer who does not respect the contractual provisions on modulated part-time work
The modulated part-time system makes it possible to adapt the working time of a part-time employee according to the high, low or normal periods of the company's activity over the year. Although this system can no longer be implemented since 2008 (law no. 2008-789 of August 20, 2008), it still concerns certain companies which continue to apply an extended collective agreement or a company agreement concluded before this date. Hence the fact that certain disputes on this topic continue to arise before the Court of Cassation.
Recent illustration with several employees, newspaper distributors under modulated part-time contracts, who had seized the industrial tribunal to request, in particular, the requalification of their contracts into full-time permanent contracts. They maintained that their employer had reduced their actual working time, and that this was greater than the volume of additional hours authorized by the collective agreement (i.e. 1/3 of the contractual hours).
In this case, it was the collective agreement for direct distribution companies that applied. It thus indicates:
« Taking into account the specificities of the companies, the weekly or monthly working hours ...
