Forfait annuel en heures vs cadre dirigeant

Par juillet 10, 2023Actualité, Social

Les cadres dirigeants d’une entreprise sont des employés auxquels sont confiées des responsabilités dont l’importance implique une grande indépendance dans l’organisation de leur emploi du temps, qui sont habilités à prendre des décisions de façon largement autonome et qui perçoivent une rémunération se situant dans les niveaux les plus élevés des systèmes de rémunération pratiqués dans leur entreprise ou établissement. De ce fait, ils ne sont pas soumis, notamment, aux règles liées à la durée du travail. En conséquence, un salarié soumis à une convention annuelle de forfait en heures ne peut pas se voir appliquer le statut de cadre dirigeant, et ce même si cette convention n’est finalement pas applicable…

Dans une affaire récente, un salarié, engagé en tant que directeur général des opérations, était soumis à une convention annuelle de forfait en heures. Il avait toutefois saisi la justice afin de remettre en cause cette convention et d’obtenir le paiement d’heures supplémentaires. De son côté, l’employeur avait fait valoir que le salarié avait la qualité de cadre dirigeant.

Saisie du litige, la cour d’appel avait estimé que, faute de dispositions conventionnelles (accord d’entreprise ou accord de branche) permettant le recours à une convention annuelle de forfait en heures, la convention conclue avec le salarié ne lui était pas applicable. Par ailleurs, elle avait indiqué que l’existence d’une telle convention ne permettait pas de considérer que le salarié relevait du statut de cadre dirigeant.

Et ce raisonnement a été confirmé par la Cour de cassation ! Pour elle, le recours à une convention annuelle de forfait en heures exclut l’application du statut de cadre dirigeant, et ce même si la convention est ensuite jugée illicite ou privée d’effet.


Cassation sociale, 11 mai 2023, n° 21-25522

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