SYNTEC-CINOV collective agreement: a fixed rate in hours for employees falling under modality 2 "performance of missions"
An employee worked as an operations analyst in an IT company. Following his resignation, the employee had seized the prud'hommes. In particular, he contested the validity of the fixed-hours agreement to which he had been subject pursuant to the SYNTEC-CINOV collective agreement.
The contract for fixed hours for the person concerned referred to modality 2 “performance of mission”, provided for by the agreement of June 22, 1999 relating to working time (chapter 2, article 3).
This text provides in particular that modality 2 applies to employees not concerned by the standard modalities or the performance of missions with complete autonomy. The recording of their working time is done in days, with a control of the working time carried out annually.
Their remuneration includes any hourly variations accomplished within a limit whose value is at most 10% for a weekly schedule of 35 hours. Finally, these employees cannot work more than 219 days for the company.
In this case, the employee initially believed that he was not covered by a flat rate
