The annual days package in 2026: labor regulations and legal framework
The annual days package is a work time organization method particularly appreciated for its hourly flexibility but remains strongly regulated by the labor regulations 2026. It is based on an annual count in days, unlike traditional contracts that account for hours. This specificity allows employers and employees to free themselves from daily hour tracking while respecting a legal annual work ceiling.
In practical terms, for employees on the annual days package, work duration is calculated not in hours but in the number of days worked over the year. This modality offers significant autonomy but also imposes strict limits and guarantees of rest. Indeed, even if the working time is not capped in daily or weekly hours, mandatory rest periods are essential to preserve the employee’s health and safety.
Main rules governing the annual days package in 2026
- The annual package is capped at a maximum of 218 days for a standard employee, including the solidarity day.
- Maximum daily (10h) and weekly (48h) durations do not directly apply, 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 during the year.
- The individual package agreement must be formalized in writing and comply with applicable collective agreements.
| Aspects of the annual days package | Applicable regulations | Practical implications |
|---|---|---|
| Annual working days | Legal ceiling at 218 days | Set in the collective agreement or company agreement |
| Daily duration | Not applicable to annual 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 annual days package
Implementing an annual days package for an employee must be based 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 the employee. It notably sets the number of days worked, the modalities of rest, and the conditions of hourly flexibility.
It is essential, for both human resources professionals and employees, to be vigilant about the compliance of agreements. A non-compliant or poorly formalized agreement can lead to a reclassification of the contract and severe consequences such as the payment of initially unplanned overtime.
Key points to ensure a compliant individual agreement
- Establish the agreement in writing, respecting legal and contractual provisions.
- Clearly define the number of annual working days.
- Specify the modalities for monitoring working time without strict hourly tracking.
- Organize daily and weekly rest times in accordance with regulations.
- Provide for the possibility of waiving certain rest days with increased remuneration.
- Regularly update the agreement according to legislative developments.
| Element of the agreement | Legal obligations | Consequences in case of failure |
|---|---|---|
| Formalism | Written agreement 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 | Adapted control for the annual days package | Sanctions in case of lack of control |
| Waiving rest days | Possible with a written amendment and minimum increase of 10% | Strict compliance with maximum annual limits |
Constraints and practical implications: organizing work time in annual days
The annual days package allows significant flexibility in work organization, but it is associated with strict constraints to preserve employee rights. The main challenge lies in balancing the flexibility offered by the annual days package and the respect for legal limits regarding working hours and rest.
In practice, the company must implement an adapted work time tracking system to avoid issues related to overload or non-respect of disconnection times. This organization requires regular dialogue with the employee and particular vigilance regarding workload.
Obligations and best practices in work time organization
- Strictly respect the annual worked days limit (218 days, or even 235 in case of waiving rest).
- Guarantee rest periods, including 11 consecutive hours per day and a total weekly rest of 35 hours.
- Provide increased remuneration for extra worked days, with at least 10% increase.
- Regularly monitor workload to prevent professional burnout.
- Ensure RTT days are taken in accordance with their annual allocation.
- Promote the right to disconnect to allow a balance between personal and professional life.
| Constraint | Description | Consequences |
|---|---|---|
| Ceiling on worked days | Limit to 218 days, 235 max if waiving rest days | Possible sanctions in case of exceeding |
| Respect of rest | Daily and weekly rests are mandatory | Legal actions possible |
| Time tracking | Implementation of systems adapted to the annual days package | Risk of nullity of the agreement |
| Increased remuneration | At least 10% for accepted extra days | Legal obligation under penalty of sanction |
| Right to disconnect | Ensure non-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 contract 39h, legal duration and overtime.
Calculation of RTT 2026 for an employee on an annual 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 done 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 worked days according to the package: 218 days.
| Elements of the calculation | 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 |
| Worked days in the 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 the 8 days in 2025, must be incorporated into the annual planning of the concerned employees. 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 the RTT days are validated in accordance with the collective agreement.
- Plan the taking of RTT according to the annual activity load to optimize productivity.
- Use an appropriate time management tool to precisely track worked days and rest periods.
- Communicate regularly with employees to adjust the organization and avoid any conflicts.
- Respect employees’ rights in case of waiving a part of the RTT days, ensuring compliant wage increase.
What is an individual agreement for annual 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 the annual days package subject to legal working hours?
No, they are not subject to maximum daily and weekly durations in hours but must benefit from sufficient rest times to guarantee their health and safety.
How are RTT days calculated for an employee on the annual days package?
RTT corresponds to the non-worked days that respect the annual ceiling of worked days. They are calculated by subtracting weekends, paid leave, public holidays, and worked days as per the package from the annual total.
Can one waive rest days in the context of an annual 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 agreement?
The agreement may be declared null, exposing the employer to having to repay undue payments and the employee to claim overtime.