Updated on
01/07/2025
Overtime
What is overtime? — An hour is considered overtime as soon as it exceeds the normal duration provided by law, that is, more than 8 hours per day or 40 hours per week. In certain cases, the limit may also be set by a contract or collective agreement.
When can the employer resort to overtime? — The employer can resort to overtime only in the following cases:
- Prevention of loss of perishable materials or to avoid compromising the technical result of the work.
- Special work such as preparing inventories, balance sheets, deadlines, liquidations, and account closures.
- Exceptional situations in the public interest or in case of events presenting a national danger.
- Work undertaken to deal with an accident that has occurred or is imminent.
- Urgent work to avoid serious hindrance to the normal operation of the establishment.
These conditions are defined by article L. 211-23 of the Labor Code.
Is the employer required to keep a register of overtime hours? — Yes. The employer must keep a special register recording all extensions of normal working time, including:
- Overtime hours.
- Hours worked on Sundays and legal holidays.
- Night work hours.
- Related compensation.
This register must be presented to the Labor and Mines Inspection (ITM) during controls.
How is overtime compensated? — Overtime can be compensated in two ways:
- Compensatory rest: 1 overtime hour entitles to 1.5 hours of paid rest.
- Increased compensation: if compensatory rest is not possible, the overtime hour is compensated at 140% of the normal hourly rate.
The choice between these two options depends on collective agreements, internal company policies, or the specific situation of the employee.
Is there a limit on overtime hours per day? — Yes. The total daily working time, including overtime, cannot exceed 10 hours. This means that an employee cannot work more than 2 overtime hours per day. Exceptions may apply in case of accident or emergency.
Can an employer impose overtime? — Yes, but only in exceptional situations and under certain conditions. However, certain categories of employees cannot be forced to work overtime:
- Adolescents.
- Pregnant or breastfeeding women.
- Part-time employees.
- Senior executives.
- Temporary workers.