Managing overtime is an essential part of HR duties in any company. To ensure accurate calculations and legal compliance, French labor law sets clear guidelines for overtime management. Using overtime tracking software helps companies streamline this process, ensuring both efficiency and compliance with labor regulations.
According to the French Labour Code, "any hour worked beyond the statutory weekly working time or the equivalent duration defined by agreement is considered overtime." This means overtime applies to hours worked beyond 35 hours per week, unless a collective agreement sets a different standard.
Overtime rules only apply to full-time employees. For part-time employees, additional hours (heures complémentaires) are regulated under a different legal framework.
Overtime is typically imposed by the employer, as part of their managerial authority. Employees do not have an automatic right to overtime unless their employment contract specifically grants it.
However, in exceptional cases, employees may initiate overtime themselves if their workload cannot be completed within regular hours. In this case, explicit employer approval is not mandatory upfront, but approval is implied when the hours are validated through timesheets or time-tracking software. This validation obliges the employer to compensate the employee accordingly.
Employers are legally responsible for ensuring correct management of overtime. This responsibility usually falls to HR departments in larger organizations. Employers must:
There are strict limits on how much overtime an employee can work:
Overtime is calculated weekly, with the week running from Monday at 00:00 to Sunday at 24:00 unless otherwise defined in a collective agreement.
Overtime must be compensated financially or converted into compensatory rest.
For up to 100 overtime hours per year, compensation takes the form of increased pay:
Instead of increased pay, employers can offer time off in lieu, known as compensatory rest. This rest period must match the hours worked and reflect the appropriate premium rate.
To stay compliant, companies are encouraged to use overtime management software. These tools automatically calculate:
This ensures transparency, reduces administrative errors, and helps employers comply with mandatory limits and record-keeping obligations set by labor inspectors.
Managing overtime correctly is not only a legal requirement but also crucial for maintaining fair employee relations and avoiding disputes over unpaid work.
