As was perfectly summarized in Le Monde on 22 January 2018: "It is
difficult to find the right balance between the flexibility
expected by managers/executive employees working a fixed number of
days per year and reinforced by the new forms of work
(telecommuting, home office, co-working ...) and the potential
drifts of excessive hourly workload.
However, an obligation to control the employee's workload
weighs on the employer in that he must regularly ensure that the
employee's workload is reasonable and allows for a proper
distribution of his working schedule (Art. L.3121-60 of the French
Labor Code).
Labor Courts ensure that this requirement, which is intended to
ensure the health of employees working in days per year
("forfait jours") is respected, particularly in
terms of maximum working hours and daily and weekly rest periods
(Cass. soc., 29 June 2011, n°09-71107).
