An employee may be required to work more than the weekly hours stipulated in his employment contract, at his employer’s request. However, payment for overtime worked must be increased.
Overtime bonuses
The rate of overtime pay is defined by the company’s collective bargaining agreement. It must be at least 10%.
In excess of 220 hours’ overtime per year, the employee is entitled to time off in lieu. However, the company may stipulate a different ceiling in its collective bargaining agreement.
If the company’s collective bargaining agreement does not stipulate the conditions for increasing overtime pay, overtime must be increased in accordance with article L. 3121-36 of the French Labor Code:
- 25% for the first 8 hours ;
- 50% for overtime in excess of 8 hours.
Alternatives to overtime pay
A company’s collective bargaining agreement may provide for alternatives to overtime pay.
It can be :
- Compensatory rest in lieu of overtime pay;
- A fixed-rate agreement: This is particularly the case for managers who regularly work more than 35 hours a week, so overtime is included in their fixed-rate agreement.
Furthermore, the employer is not obliged to pay overtime worked by the employee if the latter has done so of his own accord. In this case, the employer will have to prove that the overtime worked by the employee was not at the employee’s request, and was simply at the employee’s will.
What are the employer’s obligations?
Employers are obliged to mention overtime worked by their employees on their pay slips. Failure to do so may result in prosecution for the offence of concealed work, and the payment of compensation to the employee equal to 6 months’ salary.
The employer must be able to justify all overtime hours worked by the employee.
What recourse does an employee have for unpaid overtime?
An employee who has not been compensated for overtime, despite an attempt to reach an amicable agreement with his employer, may take his case to the Conseil de Prud’ hommes within 3 years. The employee may request payment of unpaid overtime and claim damages from the employer.
Despite the employer’s serious failure to pay overtime, the employee may decide to terminate his or her employment contract with the company.
He can ask the judge to dismiss him without real and serious cause by taking action to terminate his employment contract, or to terminate his employment contract by court order, which will have the same effect as a dismissal without real and serious cause.
