Overtime: shared burden of proof
The burden of proof of the existence of overtime does not rest solely on the employee. The burden of proof is shared with the employer.
Thus, in the event of a dispute over the existence of overtime, the employee submits, in support of his request, sufficiently precise information as to the unpaid hours he claims to have worked.
These elements must allow the employer to respond by producing his own elements.
The trial judges form their conviction taking into account all the elements.
Overtime: sufficiently precise elements
In a judgment of January 27, 2021, the Court of Cassation has just clarified the concept of “sufficiently precise elements” that the employee produces.
In the case decided, the employee asked in particular for the payment of overtime. For this, he produced a statement of the working hours that he indicated to have completed during the period under consideration. This count mentioned day after day, the hours of service and end of service, as well as his professional appointments with the mention of the store visited, the number of daily hours and the weekly total.
The employer had not provided any information in response to those produced by the employee ...
