프랑스 근로시간법제에서 근로시간의 유연화와 근로자 보호

This paper aims to analyze the system and contents of the French working hour law from the viewpoint of flexicurity. The French working hours legislation can be divided into a traditional system that limits the length of working hours to protect workers and a system which makes working hours flexible. The former includes the maximum working hours, the principle of 35 working hours a week, the limit of overtime by the increase of hourly wage, and the daily and weekly rest. The latter includes flexible working time, individual working hours, and comprehensive contracts on the number of working hours or days and corresponding wages. The working time restriction system have been changed to allow some flexibility according to the needs of the enterprise. Examples of such changes include the extension of the maximum working hours, the exception system for 35 hours a week, the additional work corresponding to lost working hours, the compensatory rest system for overtime, the overtime work system exceeding the annual limit, and the system of shortening or delaying rest time. On the other hand, the flexible working time system has been changed to strengthen the stability to protect workers. Examples include restricting the extension of the period in flexible working time, limiting the number of working hours that can be carried over in the individual working hour system, and limiting the scope of the covered workers in the annual working days contract. It can be seen that the working time restriction system and the flexible working time system are common in that they are pursuing flexibility with stability. The pursuit of flexicurity is also confirmed in the legislative reform of the working time system in 2016 and 2017. The regulation of working hours by collective agreements at the company level has been established under the conditions of strengthening the requirements for concluding collective agreements at the enterprise level, approving the superiority of industrial agreements in matters relating to the prevention of abuse of the flexible working time and the protection of vulnerable workers, and ensuring the right not to be contacted outside work hours. In the flexible working time system, the period of application was expanded under the conditions of allowing the extension of the period in industrial agreements and considering working hours exceeding 39 hours per week as overtime. The duty of the employer to ensure that the work burden is reasonable has been newly established in relation to the annual working days contract in order to strengthen the right to health and rest of workers.