You must be paid for any overtime you have worked. Your payslip must indicate how many hours you worked and at what rate you were compensated. However, sometimes your employer forgets to pay them. You are then entitled to claim them. For this, it is advisable to send a letter to the department concerned to request a regularization. Here are some sample letters to request payment.

Some details on overtime

Any hour worked by an employee at the initiative of his employer is treated as overtime. Indeed, according to the Labor Code, an employee must work 35 hours per week. Beyond that, an increase is imposed on the employer.

However, one should not confuse overtime and overtime. We consider the hours or an employee who works part time. And who is required to work hours beyond the period mentioned in his contract. Like the additional hours.

In which cases are overtime not considered?

There are situations where overtime is not taken into account. In this kind of context, the employee can in no case demand the payment of any increase. These include the hours that you would have decided to perform on your own. Without solicitation from your employer. You cannot leave your post two hours late every day. Then ask to be paid at the end of the month.

Then, your working time is perhaps defined by a fixed price agreement, following an agreement negotiated within your company. Let's imagine that the weekly presence time provided for by this package is 36 hours. In this case, the overruns are not taken into account, because they are included in the package.

Finally, there are also cases where overtime is replaced by compensatory time off, so if you are entitled to it. You cannot expect anything more.

How to prove the existence of unpaid overtime?

The employee wishing to make a complaint concerning unpaid overtime has the possibility of gathering all the documents allowing to support his request. To do this, he must clearly determine his working hours and assess the number of overtime hours to which the dispute relates.

Once everything is verified. You are free to present as evidence the testimonies of colleagues, the video surveillance. The schedules showing your overtime, the extracts of electronic or SMS messages showing your exchanges with customers. Copies of electronic diaries, record of time clocks. All this must obviously be accompanied by the accounts relating to overtime.

As for your employer, he must regularize the situation if your request is legitimate. In some societies you have to fight every month. Without your intervention, the payment of overtime will be systematically forgotten.

How to proceed with a complaint for non-payment of your overtime?

Overtime worked by staff is often done for the needs and interests of the business. Thus, the employee who considers himself aggrieved by the non-payment of his overtime can make a request for standardization with his employer.

Several steps can be followed in order to obtain a favorable response. First, it may be an oversight on the part of the employer. So the issue can be resolved quickly by writing a letter outlining your problem. On the other hand, in the event that the employer refuses to pay what he owes you. This request should preferably be made by registered letter with acknowledgment of receipt.

If the employer still does not want to resolve the situation, after receiving your mail. Contact staff representatives to tell them about your case and seek advice. Depending on the amount of your damage and your motivation. It will be up to you to see if you go to the industrial tribunal. Or if you just stop the extra work. Work more to earn the same, it's not really that interesting.

Sample letter for overtime payment request

Here are two models you can use.

First model

Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date]

Registered letter with acknowledgment of receipt

Subject: Request for payment of overtime

Madame,

Being a staff member since [hire date] at [position], I worked [number of overtime hours worked] from [date] to [date]. All this in order to contribute to the development of the company and to achieve the monthly objectives. I therefore exceeded the 35 hours, the legal working time per week.

In fact, on receiving my payslip for the month of [the month in which my error occurred] and reading it, I noticed that these overtime hours were not counted.

This is the reason why I allow myself to send you the details summarizing my overtime during this period [attach all the documents justifying your working hours and proving that you worked overtime].

I would like to remind you that in accordance with the provisions of article L3121-22 of the Labor Code, all overtime must be increased. Unfortunately, this was not the case with my salary.

I therefore ask you to intervene so that my situation is rectified as quickly as possible.

Pending a response from you, please accept, Madam, my best regards.

                                               signature.

Second model

Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date]

Registered letter with acknowledgment of receipt

Subject: Request for payment of overtime

Sir,

As part of the company's workforce since [hire date] at the post of [post], I have an employment contract which mentions a weekly working time that does not exceed 35 hours. However, I just received my payslip and to my surprise, the overtime I worked was not taken into account.

In fact, during the month of [month], I worked [number of hours] overtime at the request of Madam [name of the supervisor] in order to achieve the objectives of the month.

I would like to remind you that according to the Labor Code, I should receive an increase of 25% for the first eight hours and 50% for the others.

I therefore hereby ask you to kindly make me pay the amount owed to me.

While thanking you in advance for your intervention with the accounting department, please accept, Sir, the expression of my highest consideration.

 

                                                                                 signature.

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