French labor law and time tracking rules

Published on
October 23, 2023
French labor law and time tracking rules

Legal obligation to record working hours in france

Under French labor law, all companies must record and track the working hours of their employees. This applies to:

  • all working time arrangements
  • all employees, regardless of contract type
  • all employers covered by the French labor code

The law makes a distinction between collective schedules and individual schedules.

Recording collective work schedules

If your company uses a collective work schedule, you must establish a clear timetable indicating:

  • the start and end times for each work period
  • breaks and rest times

If working hours are spread over a reference period (up to one year), you must display a schedule covering that entire period.

The HR manager or the company director must sign and date the schedule before posting it to make it legally valid.

Recording individual work hours

For each employee, the company must maintain a record of worked hours, taken leave, compensatory rest, and any overtime.

However, the labor code does not impose a specific format for this record. It can be maintained on paper, in spreadsheets, or through a digital time tracking system such as a time clock app.

Legal requirements for installing a time clock

When installing a digital time clock in your company, you must comply with 4 main legal obligations.

Ensure system reliability

The system must guarantee data accuracy and security. Time records must be tamper-proof. Automated systems are recommended to minimize risks of data manipulation.

Use only authorized technology

The Commission Nationale de l’Informatique et des Libertés (CNIL) specifies that only badge-based systems are authorized for time tracking.

Biometric systems, such as fingerprint or facial recognition devices, are prohibited unless used for access control to high-security areas (nuclear sites, for example).

Make data accessible to labor inspectors

In case of a labor inspection, your company must be able to provide full access to employee time records.

Additionally, companies must inform the CNIL before installing a time tracking system and wait for authorization. Employee representatives must also be consulted in advance.

Give employees access to their own data

Since time tracking involves collecting personal data, employees must have direct access to their own time records at all times.

This transparency also helps employees understand and accept the implementation of a time tracking system.

Penalties for non-compliance

If a labor inspection finds that your company has not properly recorded working hours, penalties can include:

  • for individuals (such as business owners): fines of €750 per employee whose time was not properly recorded
  • for companies (legal entities): fines of €3,700 per affected employee
  • potential imprisonment in severe cases

Digital time tracking as a compliance tool

To comply with French labor law, every company must maintain accurate records of all employee working hours. Installing a digital time clock is one of the most efficient ways to meet this obligation while simplifying administrative processes.