- 06 Jul 2018
- Dorothée David
Bill on time savings accounts for employees covered by private law
Bill no. 7324, designed to create a time savings accounts for employees covered by private law, was submitted to the Chamber of Deputies on 25 June 2018.
The main provisions stipulated by the Bill are as follows:
- The time savings account would be individual and would build up working hours, not money.
- An employee would not be forced to credite their time savings account against their will, and the account would be limited to a maximum of 1,800 hours.
- If requested in writing by the employee, the time savings account could be credited by:
- overtime hours,
- compensatory leave for working on a Sunday,
- additional days off stipulated by the employment contract or collective agreement and not taken during the current year, etc.
- The hours in the time savings account would be used when requested in writing by the employee, in principle according to the latter’s preferences, unless the needs of the department or the justified preferences of the company’s other employees contradict them. In all cases, the leave requested should be scheduled at least one month in advance.
- The introduction of a time savings account could be done, either within the context of a collective agreement or, if no such agreement exists, on the basis of an interprofessional agreement.
- If the employer goes bankrupt, the claims resulting from the liquidation of the time savings account would be guaranteed up to a threshold equivalent to double the reference minimum social wage.
The Bill specifies that the legal system for the time savings accounts for employees covered by private law must in any case comply with the following principles:
- The new law should be a framework law offering social partners adequate margins for negotiation.
- The new law should in no way call into question time savings accounts set up within the framework of previous collective agreements.
- Neither the employee nor the employer could be forced to use a time savings account against their will.