Preamble

In principle, the legal full-time working time is 35 hours in France. However, and subject to compliance with certain conditions, this period may be exceeded.

1.The maximum daily working time

In principle, the maximum daily working time may not exceed 10 hours. This period also applies to interns.

This duration is assessed in the context of the calendar day, which begins at 00:00 and ends at 24:00.

The maximum duration is understood in terms of actual work.

However, derogations may be provided:

• Contractual derogations: by company or establishment agreement or, failing that, a branch agreement, in the event of increased activity or for reasons related to the organisation of the company. On the other hand, the daily working time must not be increased to more than 12 hours.
• Administrative derogations: by the labour inspector authorising the overrun in the event of an increase in activity in certain accepted cases (for example, by work that must be carried out within a specified period due to its nature). Beforehand, the employer must obtain the opinion of the CSE.
• Unilateral derogation by the employer: in an emergency in cases admitted for labour inspection. To do this, the employer must submit a request for regularisation to the labour inspectorate accompanied by the opinion of the CSE.

2. The length of the working day 

The amplitude of the day corresponds to the period between the time the employee takes up his or her position and the time he or she leaves. Thus, the employer must respect the scope of work, the non-compliance giving rise to the right to damages for the employee.

Its duration is limited by the daily rest period of 11 hours. Thus, the daily working hours may not exceed 13 hours (24 hours – 11 hours = 13 hours). 

3. The maximum weekly duration

While a duration of more than 35 hours is possible, it remains limited:

• This duration may not exceed 48 hours in the same week. However, if the labour inspectorate authorises it for exceptional circumstances, the duration may be extended to a maximum of 60 hours.
• This duration may not exceed 44 hours (46 hours in the case of a collective agreement) over any period of 12 consecutive weeks. On the other hand, in the absence of a collective agreement, an overrun may be authorised by the DREETS provided that an average of 46 hours over 12 weeks is respected. In addition, this limit of 46 hours may be exceeded on an exceptional basis in certain sectors, regions or companies.

This maximum duration also applies to employees who hold several jobs.

4. The burden of proof of working hours

In principle, in a dispute relating to the existence or number of hours worked, the burden of proof is shared.

Thus, the employer must provide the judge with the elements to justify the working hours worked by the employee and, on the other hand, the employee must provide the elements to support his/her request. In this sense, according to settled case-law, the proof of hours worked is not specifically incumbent on either party.

In the case of overtime, the burden of proof is equally shared between the employer and the employee. Thus, case law specifies that the employee cannot simply claim that he or she has worked overtime but must provide proof of what he or she claims by any means (time sheets, emails, diary, testimonies,…).

However, a problem arises when these overtime hours are tacitly accepted by the employer. Thus, case law recalls that the employer must either prove that he refused that overtime be worked or that these hours were not essential to the performance of the tasks assigned.

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This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation.

Contact

Claire APPELGHEM

HR Director/Head of Employment Law

Claire.appelghem@groupe-aplitec.com

01 40 40 38 38