Avenant Passage 35h à 39h Template for France

An Avenant Passage 35h à 39h is a formal contract amendment that modifies your employment terms to increase weekly working hours from the standard 35-hour work week to 39 hours. This document legally formalizes changes to your work schedule while ensuring compliance with French labor regulations and protecting both employer and employee rights during organizational transitions.

When do you need this document?

You need this amendment when your employer proposes to increase your weekly working hours beyond the legal 35-hour threshold established by French law. This situation commonly arises during business expansion periods, seasonal workload increases, or when taking on additional responsibilities that require extended presence. The document becomes essential when negotiating permanent schedule changes that involve regular overtime work, ensuring you receive proper compensation for additional hours. You'll also need this amendment when your role evolves to require consistent availability beyond standard working hours, or when your company implements new operational schedules requiring employee participation in extended shifts.

Key legal considerations

The amendment must clearly specify how overtime hours will be compensated according to Code du travail requirements, including 25% premium for the first 8 overtime hours and 50% for additional hours beyond that threshold. You should verify that the new schedule respects maximum working time limits and mandatory rest periods established by French labor law. The document must include provisions for overtime compensation, whether through increased salary, time off in lieu, or hourly premiums. Consider negotiating additional benefits or compensation to offset the increased time commitment, and ensure the amendment doesn't conflict with existing collective bargaining agreements or company policies. Review termination clauses to understand how schedule changes affect your employment security and future modifications.

Legal requirements in France

Under French law, any modification to working hours requires written agreement through a formal contract amendment like this avenant. The document must comply with Code du travail Article L3121-27 establishing the 35-hour legal work week and Articles L3121-28 and L3121-33 governing overtime work and compensation. You have the right to refuse this schedule modification, as employers cannot unilaterally impose increased working hours without employee consent. The amendment must respect collective bargaining agreements and industry-specific regulations that may provide additional protections or requirements. Proper notification periods must be observed, and the document should specify the effective date of new working arrangements. The agreement must also ensure compliance with maximum weekly working time limits and mandatory rest periods established by French labor regulations.