These employees can choose their own schedule, as opposed to the schedule of everyone else in the company, especially those holding the same position. This is called a customization program. To some extent, the schedule from the previous week will be carried over to the following week when both parties agree, notably the employee and the employer.
In one week, the working hours of the same employer are slightly over 35 hours, which is not yet considered overtime, but it is up to the employee to choose. There is also the fact that Article 3121 of the Labor Code specifies that the carryover of the weekly working time is limited and regulated by the company agreement or the collective bargaining agreement.
When no agreement is possible, the carryover of weekly hours can never exceed 3 hours, and when there is an accumulation of individualized schedule deferrals, it cannot exceed 10 hours. This is stipulated in the same article of the Labor Code.
Advantages and disadvantages of an individualized scheduling system
First from the employer’s point of view
Advantages
- The employer benefits from greater flexibility from their workers, which means that the execution of work is better. This makes the company more efficient and working capital costs would be reduced.
- Individualized schedules allow adapting production processes, if there are seasonal products to handle.
- There will also be no billing for overtime hours. The extra work would be compensated by rest time.
Disadvantages
- Employees might not be motivated, which will probably affect production.
- During peak activity periods, there is a high risk that schedules will be disorganized.
Next, from the employee’s point of view
Advantages
- A lot of free time for some employees (ideal for other activities like taking care of children)
- Avoid falling into a routine
Disadvantages
- The employee will not have the possibility to choose their schedules.
- Overtime hours would no longer be paid.
- The employee will have to adjust their schedule each time the hours rotate or change.
Individualized schedules carryover of hours what you need to know
A personalized scheduling system allows beneficiary employees to choose their working hours. The employee can then arrive and leave their workstation at different times than the rest of the company. Any employee can request to benefit from personalized working hours.
However, the employer can oppose the employee’s request. Employers can accept the implementation of a personalized timesheet system at the request of certain employees. Employers must consult the Social and Economic Affairs Committee (CSE) for approval.
In the absence of worker representation, the labor inspectorate must authorize the development of individualized working time regimes. The new system must be verified by the Labor Inspectorate within 2 months following the employer’s submission of the request.
Why are the working hours of healthcare staff in a hospital facility individualized and not collective?
Among nursing staff in the hospital, working hours are individualized because the ministry requires it. It is due to objective reasons and notably because of the needs that the services continue to operate that the schedules are individualized. All this is authorized after the approval of the CHSCT and the Technical Committee.
To know the working hours of nursing staff, they are recorded in a computerized clock-in system and there will also be a clocking system that will allow a certain number of hours to be reported. But they also allow for additional security through a debit-credit device that will indicate the maximum number of hours for each nursing staff member.
Who sets the working hours?
Indeed, the schedules carried over from one week to another are the consequences of individualized schedules. But the fact that these schedules are carried over results from the agreement between establishments, also called inter-company collective agreements. Furthermore, if there is no agreement or convention, the schedules would be carried over to other weeks provided that this does not exceed 3 hours.
Indeed, it is the employer who chooses the schedules that would be applied within his company. But this should simply comply with the provisions of the company agreement.
When should you clock in at work?
Besides the fact that a work schedule must be clocked, the employee is required by the labor code to clock the hours during which he worked so that the precise actual working time is determined while the workers are working. Moreover, the obligation to clock in is legally mandatory for employees and even managers whether they are daily, full-time, or on individualized schedules:
NB: please note that working hours to be clocked do not apply to companies working in the agriculture and transport sectors.
Clocking working hours must allow the following points to be known:
- The working hours stipulated in the contract
- Overtime hours
- The duration of absences and paid leave.
FAQ
Unlike the work schedules accepted by the communities, the employee will have the right to request that their schedules be individualized. This type of schedule involves transferring hours from one week to another, but there must first be a prior agreement between the employer and the employee.
Employees can ask their supervisors to adjust their working hours, and the supervisors will report the information to the human resources department. In some companies, it may be easier to send a letter directly to the right person.
