Toulon ports sign working-time deal: 210-day cadre forfait

The Société Ports de Toulon – La Seyne and the FO union signed an établissement accord on working-time organisationLegifrance, applying company-wide in place of branch rulesLegifrance as the 2016 labour law and the 2017 ordonnance allow. It sets three regimes: annualised hours for exploitation employees and supervisors, hourly counting with RTT for non-executive administrative staff, and a 210-day forfait-jours for cadres.

Exploitation staff work 35 hours on averageLegifrance over a 12-month reference period from 1 January to 31 December, i.e. 1,607 hours including the journée de solidaritéLegifrance, with weekly hours varying between 28 and 42 hours on rosters published four weeks ahead. Overtime starts above 42 hours a week — paid at 150%, 200% on Sundays, plus 75% for night hours between 21h and 6h — or above the 1,607-hour annual ceiling, paid at 150%; the overtime quota is 160 hours a year per employee, with compulsory compensatory rest beyond it. Normal night hours carry 75% extra pay, Sundays 100%, and public holidays paid at 200% or banked in the CET up to three days (42 hours) a year; the Saint Pierre day counts as a holiday for exploitation staff present at signature, and 1 May worked adds seven annualisation hours plus 200% pay. Schedule changes inside five days' notice are paid as rescheduling hours at 150% outside the modulation counter. Pay is smoothed at 151.67 hours a month, and authorised paid absences pro-rate the annual threshold.

Non-executive administrative staff work 37 hours 30 a weekLegifrance with 15 rest days a year including the journée de solidaritéLegifrance, i.e. about 1,597 hours, accruing 1.25 RTT days per full month of presence, taken as whole or half days with seven days' notice and lost if unused by 31 December. Variable hours apply around fixed windows (9h–12h, 14h–17h, Friday 14h–16h) with mobile bands from 8h and a compulsory 45-minute lunch break; overtime pays or rests at 125% up to the 43rd hour and 150% from the 44th. Sundays rest at 200%, public holidays at 200%, and no premiums cumulate — the most favourable rate applies.

Cadres with real scheduling autonomy sign individual forfait-jours conventions of 210 daysLegifrance, below the statutory 218-day ceilingService Public, with 17 rest days including solidarity, Saturday–Sunday weekly rest, and no daily or weekly maximum hours — but 11 consecutive hours of daily rest and 35 hours of weekly rest remain mandatory. Each cadre gets a yearly workload interview distinct from appraisal, plus an alert procedure triggering a meeting within eight days, and a disconnection right: no connection to professional tools before 8h or after 20h except proven urgencyLegifrance.

The accord runs indefinitelyLegifrance from the day after filing with the DREETS and the Toulon prud'hommes registryLegifrance, with yearly joint monitoring, 30-day revision talks and three months' notice for denunciation.

Legal basis: Code du travail, articles L3121-1, L3121-16, L3121-18, L3121-58 and L3121-64; accord d'établissement Société Ports de Toulon – La Seyne sur l'aménagement du temps de travail (ACCOTEXT000054962946).