On December 13, 2022, the Syntec Federation and the social partners signed four new agreements modifying the National Collective Agreement for technical design offices, consulting engineering firms and consulting companies of December 15, 1987 (known as the SYNTEC Collective Agreement), with a view to creating new rights for employees in the sector.
As soon as the extension decree is published in the official journal, employers in the sector will be required to apply these new agreements. The opportunity to take stock of the key modifications resulting from these latest negotiations.
The first agreement concluded relates to working hours.
This agreement extends the scope of employees who can benefit from the days package. Until now reserved for executives falling at least in position 3 of the classification provided for by the collective agreement, executive employees positioned in 2.3 can now fall under the fixed-day regime.
As a reminder, the fixed-day system over the year makes it possible to remunerate certain employees who have great freedom to organize their schedule, on the basis of a number of days worked annually, without counting working time.
In return for this breakdown of working time in days, these employees will receive remuneration at least equal to 122% of the conventional minimum for their category. Thus, an employee whose contractual minimum is €2,500 will receive a minimum remuneration of €3,050 if they benefit from a fixed-day agreement.
In addition, these employees subject to a fixed-day agreement will be paid with a 100% increase for days worked exceptionally on Sundays and public holidays.
Note that the SYNTEC Collective Agreement now only requires the holding of a single individual annual interview to monitor the day package, compared to two before signing the amendment.
These new features will allow companies greater freedom in organizing their employees’ working time and they will benefit from increased remuneration.
An agreement aimed at creating a sustainable framework for teleworking
The agreement of December 13, 2022 relating to the hybrid organization of work in companies creates a new framework for the implementation and organization of teleworking by imposing minimum content for collective agreements or charters on teleworking for companies in the sector.
Thus, certain clauses must now appear in these documents in particular: the conditions for switching to teleworking, the terms of acceptance of the conditions for implementing teleworking, the terms of control of working hours and workload, access to disabled people and pregnant women, but also the notice period for the suspension of teleworking or the terms of the reversibility of hybrid work.
This agreement aims to standardize working conditions in the company and in teleworking, with a view to allowing this modality of work organization to exist in a sustainable manner in companies.
In this regard, the agreement specifically provides that the increase in break time, as soon as the working time reaches 6 hours (45 minutes break instead of 20 minutes), applies to both face-to-face employees and teleworking employees.
Another exceptional measure is the maintenance of the benefit of meal vouchers for teleworking employees.
The reaffirmation of a right to disconnect
Difficult to implement in companies with the proliferation of communication tools, the social partners have reaffirmed the importance of the right to disconnect by requiring that this subject be integrated into the framework of compulsory collective negotiations provided for by the Labor Code.
It is also planned that a disconnection referent will be appointed in companies with more than 250 employees.
Work on Sundays and public holidays revalued
The amendment to the SYNTEC collective agreement of December 13, 2022 proposes a new definition of the usual or exceptional nature of work on Sunday. In the event of exceptional work on Sundays or public holidays, the SYNTEC Convention already provided for an increase in remuneration of 100% for executives whose working time was counted in hours. As indicated previously, this increase is now extended to all categories of employees, including employees on fixed-day contracts.
In addition, in the event that working on Sundays is usual, a new increase of 25% in remuneration is planned for all employees, including for day packages.
Spontaneous termination of pregnancy taken into consideration in corporate life
Finally, the social partners have decided to provide specific authorization of absence in the event of termination of pregnancy.
This specific authorization allows female victims to benefit from two days of leave without reduction in salary. The spouse, an employee of the SYNTEC branch, may also be granted this authorization of absence.
These four agreements of December 13, 2022 therefore grant new rights to employees of the SYNTEC branch, which demonstrates the desire of the social partners to focus social dialogue on innovation in relation to the major challenges facing society.
The LEGALPROTECH Firm can naturally assist you with any questions relating to these new rules and their implementation in your company.
By Maître Améla ARDANUY
Article published on February 2, 2023. Its content reflects the context of its publication.
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