The days package in 2026: labor regulations and legal framework
The days package constitutes a mode of organizing working time particularly appreciated for its hourly flexibility but remains nonetheless strongly regulated by the 2026 work regulations. It relies on an annual count in days, unlike traditional contracts which account for hours. This specificity allows the employers and employees concerned to be free from daily hourly tracking while respecting a legal annual work ceiling.
Specifically, for employees on the days package, working hours are not calculated in hours but in terms of the number of days worked over the year. This arrangement offers a great deal of autonomy, but it also imposes strict limits and guarantees of rest. Indeed, even though working time is not capped in daily or weekly hours, mandatory rest periods remain essential in order to preserve the health and safety of the employee.
Main rules governing the days package in 2026
- The annual package is capped at a maximum of 218 days for a standard employee, including the solidarity day.
- The maximum daily (10h) and weekly (48h) durations do not apply directly, but rest times are mandatory.
- The employee benefits from a minimum daily rest of 11 consecutive hours and a minimum weekly rest of 35 hours.
- The number of rest days or RTT depends on the number of working days, paid leave, and public holidays occurring within the year.
- The individual package agreement must be formalized in writing and comply with applicable collective agreements.
| Aspects of the days package | Applicable regulations | Practical implications |
|---|---|---|
| Annual working days | Legal ceiling of 218 days | Set in the collective agreement or company agreement |
| Daily duration | Not applicable to days packages | Strict compliance with daily rest of 11 hours |
| Weekly duration | Not directly applicable | Mandatory weekly rest of at least 35 hours |
| Paid leave | Minimum of 5 weeks per year | Independent of RTT / rest days |
| Public holidays | Counted according to occurrence during working days | Direct influence on the calculation of RTT |
Collective agreements and individual agreements: adapting the days package
The establishment of a days package for an employee must rest on a clear contractual basis. This means that the applicable collective agreement for the company or a company agreement must provide for this mode of organizing working time. The individual package agreement then personalizes this commitment between the employer and employee. It notably sets the number of days worked, modalities for rest, and conditions for hourly flexibility.
It is essential, both for human resources professionals and for employees, to be vigilant regarding the compliance of agreements. An agreement that is non-compliant or poorly formalized can lead to a reclassification of the contract and severe consequences such as the payment of unplanned overtime.
Key points to ensure a compliant individual agreement
- Establish the agreement in writing, in compliance with legal and contractual provisions.
- Clearly define the annual number of working days.
- Specify the control modalities for working time without strict hourly tracking.
- Organize daily and weekly rest times in compliance with regulations.
- Provide for the possibility of waiving certain rest days with increased compensation.
- Regularly update the agreement according to legislative changes.
| Element of the agreement | Legal obligations | Consequences in case of non-compliance |
|---|---|---|
| Formality | Written agreement is mandatory | Risk of nullity and reclassification into overtime |
| Number of days | Capped at 218 recommended days | Employer cannot impose more without agreement |
| Rest | Daily and weekly rest guaranteed | Sanctions for non-respect of health rights |
| Time tracking | Control adapted to the days package | Sanctions in case of lack of control |
| Waiving rest days | Possible with written amendment and minimum increase of 10% | Strict respect for maximum annual limits |
Constraints and practical implications: organizing working time in days package
The days package allows for great flexibility in organizing work, but it is nonetheless associated with strict constraints to preserve employees’ rights. The main issue lies in balancing the flexibility offered by the days package and observing legal limits regarding working hours and rest.
In practice, the company must implement an adapted working time control system to avoid deviations related to overload or non-compliance with disconnection times. This organization requires regular dialogue with the employee and particularly careful monitoring of the workload.
Obligations and best practices for organizing working time
- Strictly adhere to the annual working days ceiling (218 days, or even 235 in case of waiver).
- Guarantee rest times, including 11 consecutive hours per day and a total weekly rest of 35 hours.
- Provide for increased compensation for additional days worked, with at least a 10% increase.
- Regularly monitor the workload to prevent burnout.
- Ensure that RTT days are taken in accordance with their annual allocation.
- Promote the right to disconnect to facilitate a work-life balance.
| Constraint | Description | Consequences |
|---|---|---|
| Ceiling of working days | Limit to 218 days, 235 max in case of waiver of rest days | Possible sanctions in case of exceeding |
| Respect of rests | Daily and weekly rests are mandatory | Possible legal action |
| Time control | Implementation of systems adapted to the days package | Risk of nullity of the agreement |
| Increased remuneration | At least 10% for accepted additional days | Legal obligation under penalty of sanction |
| Right to disconnect | Ensure no connection outside rest times | Improves well-being and productivity |
To learn more about the precise management of overtime in a complex legislative context, discover our dedicated article on the 39h contract, legal duration and overtime.
Calculation of RTT 2026 for an employee on a days package and impact on leave
The calculation of additional rest days, also called RTT, is essential to ensure compliance in 2026. These days compensate for the difference between the days actually worked and the total number of working days minus leave. For a standard package of 218 days, the calculation is as follows:
- Total number of days in the year: 365 days.
- Number of weekend days: 104 days.
- Number of conventional paid leave days: 25 days.
- Number of public holidays falling on working days: 9 days in 2026.
- Maximum number of days worked according to the package: 218 days.
| Calculation elements | Value for 2026 | Explanation |
|---|---|---|
| Total days in the year | 365 | Non-leap civil year |
| Weekends | 104 | 52 Saturdays + 52 Sundays |
| Paid leave | 25 | 5 legal weeks |
| Public holidays on working days | 9 | Holidays outside weekends in 2026 |
| Days worked under package | 218 | Legal annual ceiling |
| RTT days | 9 | 365 – (104 + 25 + 9 + 218) = 9 days |
This number of 9 RTT days in 2026, higher than that of 2025 which was 8 days, must be integrated into the annual planning of the employees concerned. It is important to note that these days are in addition to the usual paid leave and should not replace them in any way.
Some tips for managing RTT effectively
- Ensure that RTT days are validated in accordance with the collective agreement.
- Plan the taking of RTT days based on the annual activity load to optimize productivity.
- Use an adapted time management tool to accurately track worked days and rests.
- Communicate regularly with employees to adjust organization and avoid any conflicts.
- Respect employees’ rights in case of waiving a portion of RTT days, ensuring compliance with salary increases.
What is an individual package agreement in days?
It is a written agreement between the employer and the employee that allows the counting of working time in terms of annual days instead of hours, in compliance with collective agreements and labor regulations.
Is the employee on a days package subject to legal working hours?
No, he is not subject to the maximum daily and weekly hours, but must benefit from sufficient rest periods to ensure his health and safety.
How are RTT days calculated for an employee on a days package?
RTT corresponds to the non-worked days that allow compliance with the annual ceiling of working days. They are calculated by subtracting weekends, paid leave, public holidays, and days worked according to the package from the annual total.
Can one waive rest days in the context of a days package?
Yes, but this waiver must be formalized by a written agreement with the employer and must provide for an increased remuneration of at least 10%.
What are the risks in case of non-compliance with the individual package agreement?
The agreement may be declared null, exposing the employer to have to reimburse undue payments and the employee to claim unpaid overtime.