The legal working time in France is 35 hours per week. For more flexibility and to sometimes respond to an increasing order book, companies are obliged to resort to overtime and in this case, they will obviously have to pay them.

Why work overtime ?

In 2007, to help improve the purchasing power of employees, a law was passed (TEPA law — Labor Employment Purchasing Power) to support both companies and employees. For companies, it was a question of reducing employers' charges and for employees, it was a question of reducing wage costs, but also of exempting them from taxes.

Thus, in the event of a peak in activity, the company can ask its employees to work more and therefore to work overtime. But other tasks can be requested as urgent work (repair of equipment or building). Employees are required to accept except for a legitimate reason.

These are therefore hours of work carried out beyond the legal working hours, that is to say more than 35 hours. In principle, an employee cannot work more than 220 overtime hours per year. But it is your collective agreement that will be able to give you exact figures.

How is the calculation done ?

The rate of increase for overtime is 25% from the 36e hour and until the 43e time. Then it is increased by 50% of the 44e hour at 48e time.

On the other hand, if your employment contract stipulates that you must work 39 hours a week, overtime will start from the 40e time.

Your collective agreement may provide a way to compensate for these overtime hours, but generally these are the rates that apply. This is why it is necessary to know the collective agreement of your company well to be well informed of both your rights and your duties.

These overtime hours can also be compensated by compensatory rest instead of payment. In this case, the durations will be as follows:

  • 1 hour 15 minutes for hours increased to 25%
  • 1 hour 30 minutes for hours increased to 50%

Since the 1er January 2019, overtime worked is not taxable up to a limit of 5 euros. It should be noted that due to the COVID 000 pandemic, the limit is 19 euros for the year 7.

For part-time employees

For part-time employees, we will not speak of overtime (which is linked to the legal working hours), but of overtime (which is linked to the employment contract).

The additional hour will start from the duration provided for in the employment contract. For example, if an employee works 28 hours a week, his overtime hours will be counted from the 29e time.

Important small detail

It is important to add a small clarification for people who calculate the number of overtime hours. Because this calculation is always done per week. For example, an employee who benefits from a 35-hour contract and who must work 39 hours over a week due to a peak in activity and who, the following week, would work 31 hours due to lack of work must always benefit from his 4 extra hours. They will therefore be increased to 25%.

Unless, of course, there is an agreement between the two parties.

Finally, it should be noted that bonuses or the reimbursement of expenses are not included in the calculation of overtime.

How long does a company manager have to ask an employee to work overtime? ?

Normally, the deadline is set at 7 days by the Labor Code to warn the employee that he will have to work overtime. But in case of emergency, this period can be reduced. The company sometimes has last-minute imperatives.

Obligation to work overtime

The employee is obliged to accept these overtime hours. The employer can impose them without any particular formality. This advantage gives him a certain flexibility in the management of his business. If there is no serious reason, the employee exposes himself to sanctions which can go as far as dismissal for serious misconduct, or even for real and serious cause.

Overtime and interns

The objective of an internship being educational, it is considered that the young intern does not have to work overtime.

Is everyone affected by overtime ?

Certain categories of employees are not affected by overtime, such as:

  • Childminders
  • Salespeople (their schedules are not verifiable or controllable)
  • Salaried managers who set their own hours
  • Domestic workers
  • Janitors
  • Senior executives

It is also important to note that the solidarity day does not enter into the calculation of overtime.