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In many private companies whose continuity of service must be ensured 24 hours a day, 7 days a week, it is often necessary, not to say imperative, to set up on-call duty.
These are strictly regulated by labor law.As a reminder, on-call duty is a period during which an employee must be able to intervene to accomplish an intervention mission, whether repairing or restarting a system, at the service of the company.The employee on call does not have to be at his place of work or at the permanent and immediate disposal of the employer.
The penalty payments are set up within a well-defined framework and give rise to financial compensation.
How are penalties defined ?
In concrete terms, the penalty payments can be set by company or establishment agreement or agreement or, failing that, by collective agreement or branch agreement.
In the absence of a convention or agreement, the employer sets the conditions after consulting the social and economic committee and informing the labor inspectorate.
A mention can be made concerning the on-call duty in the employee's employment contract but this simple mention will not allow the employer to impose them on the latter.
Branch agreement or not, the penalty payments must be formalized in a written document specifying :
- the personnel concerned: status and possibly level of qualification;
- the on-call organization methods: radius of intervention, notice period, intervention period;
- the type of on-call duty and time slots;
- the means made available to be contacted outside the home and to travel to the place of intervention;
- the financial compensation resulting from the penalty payments;
- the provisions guaranteeing compliance with daily and weekly working hours as well as the minimum durations of rest periods and the periodicity of on-call duty
- the date of application;
- the procedures for informing employees.
Each employee must receive his individual on-call schedule within a reasonable time. This is provided for in the convention or company agreement. In the absence of a deadline, the employer has an obligation to notify the employee 15 days in advance of the on-call period. In the event of exceptional circumstances, the period may be shortened but always be at least one clear day before the on-call period is imposed.
What are the financial compensations?
The on-call duties carried out by the employee give rise to financial compensation or in the form of rest, regardless of whether this has occurred or not.
Here again, the conditions are provided for in the collective agreement or the company agreement. In the absence of a convention or agreement, it is the employer who sets the conditions for this compensation after consulting the social and economic committee and after informing the labor inspectorate.
In the event of intervention by the employee during the on-call period, the duration of the intervention is considered as effective working time.
To remunerate the on-call duty carried out by an employee, it is therefore necessary to clearly distinguish the waiting time - that is to say the period during which the employee can freely go about his personal business but remains ready to intervene in the event of triggering of an intervention - the intervention time, period during which the employee performs an intervention in the service of the company.
The duration of the intervention, which includes travel time, therefore constitutes effective working time, unlike waiting time, which is not considered effective working time.
When the employee intervened during his on-call period, this intervention time, effective working time, must be remunerated as such. In the event that the time spent in intervention has the effect of increasing the effective working time beyond 35 hours, then it is subject to an increase for overtime.
The effective duration of intervention is the only one taken into account to calculate the minimum duration of daily rest and weekly rest.
At the end of the month, each employee must be provided by their employer with a document summarizing the number of on-call hours worked and the corresponding compensation.
A reactive solution in 60 seconds
The legal framework having been established, the question that now arises for you may be to know which automated on-call management solution to choose.
LOG2SYSTEMS offers LOG'N'CALL a high-performance on-call management solution that allows you to mobilize your on-call teams in 60 seconds flat.
Indeed, 60 seconds are enough for our automaton to identify the most efficient on-call staff to solve the problem. The latter will immediately receive, in the event of an anomaly detected, an alert message by telephone and/or SMS and/or email.
In addition, the traceability of the support allows an analysis of alerts, to identify their causes and thus to control incidents before they occur.
When the schedule changes, the on-call staff concerned also quickly receive a notification by email. And our solution has many other advantages…
LOG'N'CALL, concrete benefits
- your losses are limited in terms of finance and image;
- your support costs are optimized and your on-call budget controlled;
- your resources are rationalized and deployed wisely;
- your users benefit from a constant quality of service.
So if your on-call management system does not meet your requirements, contact us for a demonstration and discover the performance of the LOG'N'CALL solution.
Email: sales@log2systems.com