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FranceLégifrance

Guérande fast-food firm annualises hours, overtime past 42 a week

Signed 18 September 2026, the accord annualises full-time hours at SAS BKG: 42-hour weekly swing, overtime past 42 paid monthly, settlement past 1,607 hours yearly, 441 for the October–December 2026 transition.

By Taxxa AI OyPublished 8 October 2026

Payroll & Labour

The fast-food company SAS BKG of GuérandeLegifrance, covered by the Convention collective nationale de la restauration rapide (IDCC 1501)Legifrance, is moving its full-time staff to annualised modulation of working timeLegifrance. The company accord signed on 18 September 2026 with the elected CSE memberLegifrance adapts the branch's article 33.3 mechanism to the company's seasonal activityLegifrance, within articles L.3121-41 to L.3121-47 of the Code du travail. It runs indefinitely from 1 October 2026, subject to completion of the filing formalities.Legifrance

Only full-time employees on open-ended or fixed-term contracts at 35 hours a week are covered.Legifrance Part-time staff, cadres dirigeants and employees under an annual hours-or-days forfait are excluded.Legifrance

Hours above the average in busy periods offset hours below it in quiet periods without triggering overtime mid-period, except past the accord's limits.Legifrance The reference period is the calendar yearLegifrance, with a transitional first period from 1 October to 31 December 2026Legifrance. A full year counts 1,607 hours including the journée de solidaritéLegifrance, averaging 35 hours a weekLegifrance; employees with under eight months' seniority count 1,652 hours per the branch ruleLegifrance, computed as 365 days minus 104 weekly rest days minus 25 leave days, giving 236 days or 236/5 × 35Legifrance. The transitional period counts 13 weeks at 35 hours, 455 hoursLegifrance, minus 14 hours for the two public holidays falling on working days — Wednesday 11 November and Friday 25 December 2026Legifrance — for 441 hoursLegifrance.

Weekly hours can swing up to 42Legifrance, with a 10-hour daily maximum and the statutory ceilings of 48 hours in one week and 44 hours on average over twelve consecutive weeks. Hours past 42 in a week are overtime paid with that month's salaryLegifrance: 25% for the 43rd hourLegifrance, 50% from the 44thLegifrance. At the end of the period, hours past the annual referenceLegifrance — 441 for the transitionLegifrance, 1,607 per full year from 2027Legifrance — net of hours already paid for breaching the 42-hour capLegifrance, are settlement overtime paid at 25% for the first eightLegifrance and 50% beyondLegifrance. The annual overtime contingent is the branch's 220 hours per employee per yearLegifrance.

Base pay is smoothed at the 35-hour average, 151.67 hours a monthLegifrance, regardless of actual monthly hoursLegifrance. Paid or compensated absences — leave, family events, sickness, work accidents — count at the smoothed rate of 7 hours a day and 35 a weekLegifrance, cannot be made upLegifrance, and do not cut the smoothed payLegifrance. Arrivals and departures mid-period are settled on actual time worked against the average for time servedLegifrance, on the last payslip or the solde de tout compteLegifrance.

Individual hour counters are reviewed monthly and reported to the CSE at least once a year. Each full-time employee receives an individual notice by electronic signature; new hires get an information notice and the text stays available at the restaurant's administrative office. The accord is to be filed with the DDETS through the Ministry of Labour platform and with the Saint-Nazaire conseil de prud'hommes, with a copy to the CSE, with entry into force subject to completion of the filing formalitiesLegifrance.

Legal basis: accord d'entreprise relatif à l'aménagement et la modulation du temps de travail of 18 September 2026 (SAS BKG, Guérande)Legifrance, for modulation under Code du travail articles L.3121-41 to L.3121-47, with revision and filing under articles L.2261-7 et seq., D.2231-2-II, D.2231-4 and R.2262-2, and article 33.3 of the Convention collective nationale de la restauration rapide (IDCC 1501).

Track weekly hours against the 42-hour overtime trigger and the 441-hour transitional reference, and keep smoothed pay and absence accounting on the 35-hour average.

Sources

Un accord d'entreprise relatif à l'aménagement et la modulation du temps de travail