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FranceLégifrance

Strasbourg social-care group consolidates working time in avenant 5

Refining avenant n° 4, the text compiles annualised hours, a 212-day package, on-call pay and a 2-day telework cap for FEHAP staff into one accord.

By Taxxa AI OyPublished 21 September 2026

Payroll & Labour

Industry: Human health and social work activities

The Association d'Action Sociale du Bas-Rhin (AASBR) has consolidated its working-time rules in avenant n° 5 to the collective accord on working time, signed with the CFDT and CFTCLegifrance, which refines and supersedes avenant n° 4 in force since 1 June 2025Legifrance. The text reprints the prior avenant in full with colour-marked additions, compiling every working-time provision for staff under the Convention collective FEHAP of 31 October 1951 into a single accord covering annualised hours, day-count packages, on-call duties, leave and newly institutionalised teleworkLegifrance. Childminders, family assistants and doctors are excluded.

The reference period runs 1 June to 31 MayLegifrance with a 35-hour average weekLegifrance. The annual reference is recomputed each year from working days minus 25 leave days plus the journée de solidarité, multiplied by the contractual day: for 1 June 2025 to 31 May 2026 that gives 1,561 hours for a full-time employeeLegifrance, beyond which hours count as overtimeLegifrance, and 1,249 hours for an 80% part-timerLegifrance, beyond which hours count as complementary hoursLegifrance. Overtime uplifts are 10% from the reference volume to 1,607 hours and 25% above, or 10% for hours 36 to 42 and 25% from hour 43 for weekly-counted staffLegifrance, within a 250-hour annual contingentLegifrance whose excess earns 125% compensatory restLegifrance. Smoothed monthly pay stays at 151.67 hours regardless of hours actually workedLegifrance.

Absences with maintained pay are now valued on planned roster hours rather than the contractual 7-hour dayLegifrance, with long absences reverting to contractual hours past the planned periodLegifrance; unpaid absences are valued on planned hours up to the pay deductionLegifrance so the employee is not penalised twice. No absence counts toward the overtime trigger thresholdLegifrance.

The forfait annuel en jours is set at 212 days including the journée de solidaritéLegifrance over 1 June to 31 MayLegifrance, with rest days to be used by 31 May and never carried over or paid outLegifrance. The daily reference wage equals annual gross pay divided by 212 plus 25 leave days plus 13 public holidaysLegifrance, illustrated at 144 euros on a 36,000-euro salary. Delegation hours for staff representatives convert at 7 hours to one working dayLegifrance, and on-call interventions for day-count staff convert at 7 full hours to one dayLegifrance. Exceeding the package by waiving rest days requires a written riderLegifrance, caps at 237 daysLegifrance, and earns a 10% uplift per extra dayLegifrance; shortfalls trigger deductions at the daily reference wageLegifrance, with up to 3 days exceptionally carried forwardLegifrance.

Telework, tested since 2020, is capped at 2 days a weekLegifrance, 1 day for staff on fewer than 5 working daysLegifrance, with at least one full-team on-site day weeklyLegifrance and a minimum 2-day site presenceLegifrance. On-call duties pay 10 euros gross for a weeknight, 76 euros for a weekend and 33 euros for a public holiday, or compensatory restLegifrance, revisable yearly by memorandum. Public holidays falling on rest days earn 7 hours of recovery leave for staff with over a year's serviceLegifrance, to be taken within 3 monthsLegifrance.

Legal basis: AASBR avenant n° 5 to the working-time accord, applying the Code du travail on working time (including articles L. 3121-16, L. 3121-19 and L. 3131-1) and the FEHAP convention of 31 October 1951.

Apply the consolidated reference periods, absence valuation, 212-day package rules and telework caps to FEHAP staff rosters and payroll.

Sources

Avenant N° 5 à l'Accord collectif sur la durée et l'organisation du temps de travail