Overtime: within what limits can your employer impose them?

We speak of overtime to designate any hour of actual work performed beyond the legal duration of 35 hours per week or the duration considered equivalent (duration greater than the legal duration but considered equivalent for certain jobs comprising periods of inaction). Overtime is performed at the request of your employer or with his agreement, even implicit. To what extent can your employer require you to work overtime?

Compliance with maximum working hours

First of all, working overtime should never lead you to exceed the maximum daily and weekly working hours. Thus, the labor code provides that you cannot work, with exceptions, beyond 10 hours per day, 48 hours per week and 44 hours per week on average over a period of 12 consecutive weeks. In other words, your employer can ask you to work 48 hours on certain weeks, provided you respect an average of 44 hours of work per week for 12 weeks. You must also benefit from a minimum daily rest of 11 consecutive hours and a minimum weekly rest of 35 consecutive hours.

Rate it : in certain situations, exceeding these maximum durations is possible. For example, a collective company agreement can increase the average working time to 46 hours over 12 weeks (compared to 44 hours in common law), and the daily working time to 12 hours (compared to 10 hours in common law) . The administrative authority may also grant an authorization to exceed exceptionally, for a limited period.

A ceiling set by the annual overtime quota

Then, the number of overtime hours you can work each year is limited to a certain volume, called the annual overtime quota. To know this limit, first check the texts applicable to your company: the quota can be fixed by a company or establishment agreement, or, failing that, by your collective agreement or a branch agreement. If no text provides for the volume of the annual quota of overtime applicable to your company, it is set by law at 220 hours per year and per employee.

Rate it : certain overtime hours are not taken into account in the annual quota. These include, in particular, overtime worked in the context of urgent work which must be carried out immediately, and overtime for which the employer grants compensatory rest.

As long as the quota is not exceeded, your employer can ask you to work overtime without having to comply with any particular formalities. In principle, you cannot refuse to perform them, except when this leads you to exceed the maximum working hours (see above) or when your employer does not comply with the regulations (non-payment for hours worked, systematic use of overtime leading to changes in working hours, etc.). A refusal without a legitimate reason constitutes a fault likely to lead to a disciplinary sanction, which can go as far as dismissal.

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Overtime within the framework of the quota: what compensation?

Each overtime worked within the framework of the quota entitles you to a salary increase, at least equal to 10%. The rate of increase is set by company agreement or, failing that, branch agreement. In the absence of an agreement, your employer must apply the rates provided for by the labor code, i.e.:

• 25% for the first 8 hours (from the 36th to the 43rd hour inclusive);
• 50% for the following hours (from the 44th hour).

Rate it : a collective agreement may provide for the replacement of all or part of the payment for overtime by compensatory rest of an equivalent duration. Consequently, overtime hours fully compensated by rest are not deducted from the annual quota and are not increased.

Exceeding the annual quota: what are the consequences?

Know that your employer has the option of asking you to work overtime beyond the volume set by the annual quota. In this case, he must imperatively consult the Social and Economic Committee (CSE) of the company and obtain its opinion.

In addition, when you exceed the number of overtime hours included in the quota, your employer must grant you rest, which is then added to the increase in your salary. The terms of this mandatory rest compensation are set by company or establishment agreement, or failing that, by your collective agreement or branch agreement. In the absence of an agreement, the counterpart in rest will be equal to:

• 50% of overtime worked beyond the quota in companies with up to 20 employees;
• 100% of overtime worked beyond the quota in companies with more than 20 employees.

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