Can your business require you to point when you arrive and leave the office? It all depends on what is provided in your employment contract. Save save Receive Labor Alerts A resolution that you would have done well. While you were thinking of starting the year under the best auspices, a new service note comes to undermine your enthusiasm: from next month, you and your office colleagues have to badger daily. Clearly, notify your employer from your arrival hours, exit, and even your breaks taken throughout the day. If this announcement makes you jump, it can however be justified. Contracting what one might think, pointe does not necessarily be a desire for abusive surveillance of the employer. “The establishment of a score system responds above all to a legal obligation: that of controlling the working time of employees,” explains Anne Leleu-summer, lawyer specializing in labor law. This control helps the employer to better fulfill its obligations: ensure that the workload remains balanced, guarantee the correct monitoring of overtime or avoid possible disputes with the labor inspection. Read also: Ill sick leave: Can my employer verify that I am really sick? It is still necessary to respect a few rules. “Upstream of the implementation of the system, the employer must consult the CSE (social and economic committee, editor’s note) of the company,” specifies the lawyer. Even if, as a reminder, the opinion of the CSE remains purely consultative. In other words, even if its representatives oppose it, your employer can perfectly maintain its decision. His only obligation? Clearly inform the employees of this change via a service note highlighted in the premises, for example. The score for employees subject to the Dit Country Dit, some workers can escape this office parking meter. It all depends on your type of contract and how your working time is counted. If you are subject to an hourly count -that is to say that your contract provides for a working time of 35, 37 or 39 hours per week -, the employer is completely entitled to impose the badge. On the other hand, if you work on the day package – a mode of counting often reserved for executives – is another story. In this case, the labor code is based on a simple principle: autonomy. “By definition, an employee in a day package has no fixed schedules and freely organizes his working time. The employer therefore cannot absolutely control his hours of arrival and departure, ”warns Anne Leleu-summer. What must be controlled are not working hours, but rather respect for rest times: at least 11 consecutive hours per day and 35 hours of row per week. To read also: Sick judgment: Can your employer dismiss you because of your repeated absences? However, it should be noted that there are several exceptions to this. For example, “in buildings subject to strict safety rules, badgeing can be required at the entrance and exit, even for employees in the day package”, nuances the expert. But here again, it is not a working time control: it is only a question of verifying the presence of employees in the premises in the event of an incident, such as a fire. “These cases remain relatively rare,” she adds. So, if you are a manager employee and your employer has recently set up a control system for your working time (thanks to a badgeer or an Excel file to be filled for example), “this can be considered as an attack on your autonomy, calling into question the validity or the opposability of your annual day package”. In this situation, it may be useful to get closer to your CSE or a legal advisor, because your employer may not act in the nails. Receive our latest jobs, management, rights, every week the news of your career. (tagstotranslate) Labor law
