Effective working time: employee on a joint committee must be paid even outside working hours

You are an employee in a railway handling company in Riom, and your employer asks you to participate in a joint committee on a Saturday morning. You wonder: should these hours be paid to me? The answer is yes, and it comes straight from the French Supreme Court. The judgment of 13 February 2013 (n° 11-23.880) is clear: the time spent on these meetings is effective working time, regardless of whether it is outside your usual working hours.

For landlords and tenants, this decision may seem far removed from your property concerns. But if you are an employer in the sector, or if you are negotiating a collective agreement, it has direct consequences on your budget and organisation. Understanding what the law calls 'effective working time' is essential to avoid a tax adjustment or litigation.

In this article, I will tell you the story behind this judgment, break down the judges' reasoning, and give you practical advice for managing these situations, whether you are an employee in Beaumont or an employer in Clermont-Ferrand.

The facts: a story like those that happen every day

Mr X is an employee of a railway handling company, subject to the national collective agreement for employees of railway handling and related works companies of 6 January 1970. As provided for in this agreement, he participates in joint committee meetings – those bodies where trade unions and employer representatives discuss working conditions, wages, etc. The problem? These meetings often take place in the evening or at weekends, outside his usual working hours (Monday to Friday, 8am-5pm).

Mr X believes that these hours should be paid to him as effective working time. His employer refuses, arguing that the meetings are optional and take place outside the scheduled hours. The employee then brings the matter before the Riom employment tribunal, which rules in his favour. The employer appeals to the Riom Court of Appeal, but it upholds the judgment: time spent on joint committees is effective working time.

The employer appeals to the Supreme Court. It argues that the collective agreement only provides for payment within the limit of a number of employees agreed by mutual consent, and that Mr X is not part of that quota. But the Supreme Court dismisses this argument: former Article L. 132-30 of the Labour Code requires collective agreements to set out the arrangements for exercising the right to be absent and compensation for loss of salary. And Article 5.II.2 of the collective agreement clearly provides that, for employees participating in a joint committee, the time is paid as effective working time. It does not matter whether the quota is exceeded or the meeting takes place outside working hours.

The twist: the case also turns on a related issue of a meal allowance. The employer had also challenged the inclusion of this allowance in the basis for calculating paid leave. But the Supreme Court does not follow: the meal allowance, being a flat-rate expense indemnity, does not form part of the basis for leave. On this point, the employer succeeds. But on the substance – payment for committee hours – the decision is final.

The court's reasoning — broken down

To understand the judgment, we need to look at two texts. First, the former Article L. 132-30 of the Labour Code (now codified in Articles L. 2241-1 et seq.). This text requires collective agreements to provide for the arrangements for exercising the right to be absent to participate in negotiations and meetings of joint committees, as well as compensation for loss of salary or the maintenance thereof. In short: the legislator intended that employees who participate in the collective life of the company should not be financially penalised.

Second, Article 5.II.2 of the national collective agreement for employees of railway handling and related works companies of 6 January 1970. It provides: 'in the event that employees participate in a joint committee, and within the limit of a number of employees agreed by mutual consent between the employers' and employees' trade unions, the working time devoted to these committees is paid by the employer as effective working time.'

The employer played on words: it said 'within the limit of a number of employees'. For it, if Mr X exceeded this quota, payment was not due. But the Supreme Court takes a different view. It considers that this limit only concerns the number of employees who may participate, not the payment of those who actually participate. As soon as the employee is designated or authorised to sit, the time is effective working time. The judgment specifies: 'regardless of the fact that the meetings are fixed outside his usual working hours'. Another key point: the 'effective' nature of the work. The Court recalls that effective work is the time during which the employee is at the employer's disposal and complies with his instructions without being free to attend to personal matters. In a joint committee, the employee represents the interests of the company – he is therefore indeed at the employer's disposal, even if the employer is not in the room.

This judgment is not a reversal, but a confirmation. The Supreme Court had already ruled in the same way for other collective agreements. It is part of a protective trend for employees, where time spent on representation or participation in bodies is treated as effective working time, unless a very clear text provides otherwise.

What this changes for you — concretely

If you are an employee in a company subject to a collective agreement that provides for payment of joint committees, this decision is a weapon. You must insist that every hour spent in a meeting be counted as effective working time. For example, if you earn €15 per hour and you participate in 4 meetings of 2 hours per month in the evening, that represents €120 per month, or €1,440 per year that your employer must pay you. If you are in Beaumont, do not hesitate to check your collective agreement: it may contain a similar clause.

For employers, the message is clear: do not rely on the fact that the meeting takes place outside working hours to refuse payment. You must budget for these hours and include them in effective working time for the calculation of overtime, compensatory rest, and even paid leave (except for expense allowances, such as meal allowances, which are excluded).

If you are a landlord-owner and you rent premises to a handling company, this decision may indirectly affect your rent: if the company has to pay more hours, its cash flow may be strained. But nothing direct. However, if you are the manager of a co-ownership employing staff, the same rules apply for meetings of the syndic or the syndic council.

Four tips to avoid this type of dispute

• Check your collective agreement: Read the articles concerning joint committees, negotiation meetings, and effective working time. If a clause provides for payment, apply it without any condition of quota or schedule.
• Establish a clear company agreement: To avoid interpretations, negotiate an agreement that precisely fixes the number of participating employees, the compensation arrangements, and the effective nature of the time. This secures both parties.
• Declare these hours in the mandatory documents: Include the committee hours in the working time count for pay slips, registers and social declarations. An omission may be reclassified as concealed work.
• Train your managers: Explain to team leaders that these hours are effective working time. They must authorise them as such and not consider them as unjustified absences.

Further clarification: related case law and developments

The Supreme Court has issued several judgments in the same vein. For example, in a judgment of 28 January 2009 (n° 07-41.031), it held that travel time to attend a negotiation meeting outside the company constitutes effective working time if the employee is at the employer's disposal. Similarly, a judgment of 10 July 2013 (n° 12-14.116) confirmed that the delegation hours of employee representatives are effective working time, even outside working hours.

The trend is therefore clear: judges protect time spent on the collective life of the company. Employers must integrate these hours into their organisation. For the future, it is likely that the courts will continue in this direction, especially with the generalisation of joint committees in professional branches. Landlords or lessors who employ staff must therefore be vigilant: if your caretaker or domestic employee participates in meetings with other employers in the sector, the same reasoning could apply.

What you absolutely must remember

FAQ:

• Can my employer refuse to pay me for joint committee hours on the grounds that they take place on Saturday? No. The Supreme Court is categorical: the effective nature of the work does not depend on the schedule. If the meeting is organised by the employer or provided for by the agreement, it is effective working time.
• What should I do if my employer does not pay me for these hours? Gather evidence (summons, agenda, minutes, emails). Send a formal notice in writing. If refused, bring the matter before the employment tribunal. You have 3 years to act from the date you should have been paid.
• Is the meal allowance included in the calculation of paid leave? No, according to this same decision. The meal allowance is a flat-rate expense indemnity; it does not form part of the basis for calculating paid leave.
• Does this decision apply to all collective agreements? Yes, if your agreement contains a similar clause providing for payment of committee time. If it does not provide anything, the employer is not obliged to pay, unless the time is spent under his authority.
• Can I refuse to participate in a joint committee if I am not paid? In principle, participation may be a contractual obligation. But if it is not remunerated, you can invoke the lack of consideration. Consult a lawyer to assess your situation.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →