What is the notice period for overtime?

The Working Time Act of 20 August 2008 regulates overtime for employees in France. This law sets an annual overtime limit, beyond which employees are entitled to compensatory rest. Employers must comply with a mandatory overtime notice period when requiring employees to work extra hours. Understanding these rules and using a reliable overtime tracking tool helps businesses manage this process effectively.

What does the law say about overtime?

Unless a collective agreement or company agreement specifies otherwise, the standard overtime notice period is 8 days.

Employers usually request overtime to cover a temporary increase in workload. As part of operational planning, they must notify employees in advance if extra hours are required.

The law of 20 August 2008 introduced several key principles to regulate overtime:

• Work schedules should align with business needs. This allows companies to adapt working hours to temporary peaks in activity.
• Employee health and safety must be protected. This includes respecting minimum rest periods, daily working hour limits, night work regulations, break times, and paid leave entitlements.
• Fair remuneration and compensatory measures must apply for any time worked beyond 35 hours per week. This is part of the TEPA law promoting Work, Employment, and Purchasing Power.
• The law aims to simplify working time regulations to make them more accessible and applicable for all companies.

This framework encourages businesses to negotiate internal agreements about working conditions. The Ministry of Labour defines these rules and helps to promote better employer-employee relations.

As a result of this law, employers no longer need to obtain prior approval from the labour inspectorate to require overtime beyond the annual limit.

Tips for managing overtime effectively

Tracking working hours for all employees can become challenging, especially if weekly hours exceed 35 hours. One of the most effective solutions is to implement dedicated time management software.

A digital tool can automatically:

• Calculate overtime premiums
• Track mandatory compensatory rest periods
• Transfer data directly to payroll systems

Certain overtime hours, such as work on Sundays, often depend on employee consent and require local government authorisation. To remain compliant, companies should always obtain written consent from employees before scheduling such hours.

Anticipate overtime requests

Companies must anticipate and plan for overtime needs in advance. French law requires a minimum notice period of 8 days before implementing overtime schedules.

Additionally, if your company frequently relies on overtime, it is recommended to negotiate a company agreement to establish clear rules for managing these extra hours.

A comprehensive overtime management process, supported by clear internal agreements and reliable tracking tools, helps businesses stay compliant while ensuring fair treatment of employees.

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