For HR teams, managing employee working hours often involves handling overtime. However, it is essential to clearly distinguish between overtime and additional hours, as they apply to different employment contracts and follow separate rules. Here is a practical overview to clarify these terms. Using overtime management software can also simplify tracking and calculations.
Additional hours only apply to part-time employees. These are workers whose contracted hours are below the legal or standard weekly working time, typically 35 hours per week in France.
Additional hours are any hours worked beyond the contracted working time for part-time employees, but still within the legal working time limit of a full-time position.
For example, if a part-time employee works 24 hours per week, and completes 4 extra hours in one week, those are considered additional hours. They do not become overtime unless the total exceeds 35 hours per week (the legal threshold for full-time work).
To limit excessive additional hours for part-time employees, the law requires these hours to be compensated with a pay increase:
The collective agreement or employment contract may also set a maximum number of additional hours, which the employer cannot exceed without employee consent.
Overtime hours apply exclusively to full-time employees whose regular schedule is already at the legal weekly limit, typically 35 hours per week.
Any hour worked beyond the legal weekly working time (35 hours) is considered overtime unless a collective agreement sets a different reference.
Overtime gives employees entitlement to either:
The pay increase rate depends on the number of overtime hours worked:
There is also an annual limit on overtime (usually 220 hours), beyond which additional rest periods become mandatory.
CriteriaAdditional HoursOvertimeApplies toPart-time employeesFull-time employeesTrigger pointBeyond contracted hours, but within 35 hours per weekBeyond 35 hours per weekLegal referenceEmployee’s contract and collective agreementLabour Code (35-hour workweek)Pay increase+10% or +25% depending on the case+25% for first 8 hours, then +50%Compensatory restNot mandatoryPossible in place of payAnnual limitSet by collective agreement220 hours (default)
Distinguishing between overtime and additional hours can be challenging, especially when managing a mix of part-time and full-time employees. A workforce management tool helps track working hours accurately, calculates correct pay premiums automatically, and ensures compliance with legal requirements and collective agreements.
With an automated planning system, HR teams can easily monitor real-time hours, anticipate work surpluses, and prevent unnecessary disputes.
Understanding the distinction between overtime and additional hours is essential for ensuring legal compliance and fair compensation for employees. By combining clear policies with a dedicated HR management tool, companies can optimise working time management and streamline administrative processes.
