Collective agreements: the employer must demonstrate that he has well organized the monitoring of the workload of his employees in package days

Collective agreements: poor monitoring of the workload of an employee on a fixed-day basis

An employee, columnist in a radio company, had seized the industrial tribunal after noting the termination of his employment contract in 2012.

He accused his employer of shortcomings concerning the implementation of the annual lump sum agreement in days that he had signed. He therefore claimed its nullity, as well as the payment of various sums, including a reminder of overtime.

In this case, a company agreement signed in 2000 provided for the particular situation of executives on fixed-rate days. In addition, an amendment to this agreement, signed in 2011, made it the responsibility of the employer, for these employees, to organize an annual appraisal interview covering: the workload, the organization of work in the company, the articulation between the professional activity and the personal life of the employee, the remuneration of the employee.

However, the employee claimed that he had not benefited from any interview on these topics, from 2005 to 2009.

For his part, the employer justified having organized these annual interviews for 2004, 2010 and 2011. For the other years, he returned the ball to the employee's court, considering that it was up to…