2024 Olympics: Daily package diverted, thousands of employees harmed?

Behind the scenes of the 2024 Olympic Games, a social conflict is brewing. At the heart of the controversy: the controversial use of the daily package system. This system, supposed to offer more flexibility to independent workers, seems to have been diverted from its initial objective, leaving thousands of workers in a precarious and potentially illegal situation.

The daily package: a poorly implemented system?

The daily flat rate, governed by Article L. 3121-58 of the French Labor Code, is a system that allows working time to be calculated in days rather than hours over a year. Initially designed for executives, it can also be applied to “independent employees” under certain strict conditions.

Sarah Zakine, a labor lawyer, explains: "To be eligible for the daily package, an employee must benefit from real autonomy in organizing their schedule. This is the sine qua non condition of this system."

However, according to the testimonies collected, the employees of the 2024 Olympic Games seem far from this promised autonomy.

Imposed schedules, fictitious autonomy

"We were made to sign contracts for a flat rate per day, but we are forced to work strict hours, from 1:30 p.m. to 11 p.m.," an airport employee testified anonymously. "Where is our freedom of organization?"

This situation raises serious legal questions. Article L. 3121-59 of the Labor Code clearly states that the daily package can only apply to employees "who have autonomy in organizing their schedule.

Risks for the Olympic Games Organizing Committee (OCOG)

Le COJO s’expose à de lourdes sanctions. « En cas de litige, les tribunaux pourraient requalifier ces contrats en forfait jour en contrats classiques », avertit Me Zakine. Cela impliquerait le paiement rétroactif de toutes les heures supplémentaires effectuées, majorées comme il se doit.

The case law is clear on this point. In a ruling of 2 July 2014 (no. 13-11940), the Court of Cassation recalled that the lack of autonomy of the employee renders the fixed-day agreement null and void.

A call to action for employees

The employees concerned have every interest in acting quickly. Article L. 3245-1 of the Labor Code provides for a limitation period of 3 years for actions for payment of salary. "Every day that passes is one day less to assert one's rights," insists Mr. Zakine.