Overtime and the French Labour Code

Overtime is unavoidable in many businesses. In France, it is governed by the Code du travail, with precise rules on bonus rates, annual caps, additional hours for part-time workers and RTT. But between all these concepts, it is not always straightforward to know what applies, when and how.

This practical guide covers the essential rules for SME owners and HR teams who want to understand their obligations without unnecessary complications.

What counts as overtime in France?

Under article L3121-28 of the Code du travail, overtime consists of all hours worked beyond the legal weekly working time of 35 hours.

A few important points:

• Only hours of effective working time count towards this threshold — unpaid breaks are excluded.

• Overtime must be carried out at the employer's request, or with their explicit or implicit agreement

• Hours worked at the employee's own initiative, without the employer's agreement, do not automatically constitute overtime — but they may do so if the employer was aware of them and tolerated them

Legal bonus rates for overtime

The Code du travail sets the applicable bonus rates for overtime, unless a more favourable branch or company agreement applies, with a minimum floor of 10%.

The first 8 overtime hours (hours 36 to 43) are paid at a 25% bonus. From the 44th hour onwards, the rate rises to 50%.

Practical example: An employee with an hourly rate of €15 works 46 hours in a week, meaning 11 overtime hours.

• Hours 36 to 43 (8 hours): €15 x 1.25 = €18.75/hour

• Hours 44 to 46 (3 hours): €15 x 1.50 = €22.50/hour

The annual overtime cap

In the absence of a collective agreement, the annual overtime cap is set at 220 hours per employee (article D3121-24 of the Code du travail).

Beyond this cap, each overtime hour entitles the employee to compulsory compensatory rest (CCR), in addition to the salary bonus:

• 50% of the overtime worked beyond the cap in companies with 20 employees or fewer

• 100% in companies with more than 20 employees

A collective agreement may set a different cap and define the terms of the compensatory rest.

Alternatives to paying overtime

Paying a salary bonus is not the only option. The Code du travail provides two main alternatives.

Compensatory rest in lieu (repos compensateur de remplacement)

A collective agreement may provide that the salary bonus is replaced by equivalent rest. This rest is calculated on the basis of the bonus time: one overtime hour at 25% gives entitlement to 1h15 of compensatory rest.

This arrangement must be provided for by a company or branch agreement, or accepted individually by the employee.

Reduction of working time (RTT)

In companies that have opted for a working time arrangement agreement, hours worked beyond 35 hours can feed into an RTT day counter, rather than being treated as standard overtime.

RTT days are additional rest days that employees can use during the year. Their number depends on the volume of hours worked beyond the legal duration over the reference period. The rules on taking RTT — notice periods, who initiates, carry-over — are set by the applicable collective agreement.

Additional hours: specific rules for part-time employees

Additional hours apply to part-time employees. These are hours worked beyond the contractual duration but below 35 hours per week.

Legal cap

Under article L3123-20 of the Code du travail, additional hours cannot exceed 1/10th of the weekly or monthly hours set out in the contract. A branch agreement may raise this cap to 1/3 of the contractual hours.

Example: An employee whose contract provides for 24 hours per week can work a maximum of 2.4 additional hours (1/10th), or up to 8 hours if a branch agreement allows it (1/3).

Bonus rates for additional hours

Additional hours within the 1/10th limit are paid at a 10% bonus. Beyond this threshold, where a branch agreement permits, the rate rises to 25%.

Points to watch

• Employers cannot require additional hours outside the legal or collective framework

• Refusing to work additional hours beyond the 1/10th set out in the contract does not constitute employee misconduct

• Additional hours cannot bring an employee's working time up to 35 hours — which would trigger reclassification as a full-time contract.

Recording obligations

The Code du travail requires employers to keep an accurate record of working hours. This obligation was reinforced by the Court of Justice of the EU ruling of 14 May 2019, which requires an objective, reliable and accessible system for recording working time.

In practice:

• Overtime and additional hours must be recorded and traceable

• Data must be retained and accessible in the event of a labour inspection

• Employees must be able to access their own data

Failure to comply exposes the employer to sanctions in the event of a dispute or inspection. > INTERNAL LINK: Labour laws & regulations

What this means for your business

Track hours week by week Overtime is calculated per week. An employee who works 40 hours one week and 30 the next has worked 5 overtime hours in the first week — even if their average is 35 hours.

Distinguish overtime from additional hours The two concepts do not apply to the same employees and do not follow the same bonus rules. A time tracking system should make this distinction automatically.

Configure payroll rules upfront Bonus rates, thresholds and compensation methods — payment, compensatory rest or RTT — must be set up clearly before the hours are worked, not after.

Keep employees informed Employees have the right to know their accumulated hours, the applicable compensation rules and their RTT or compensatory rest balances. Transparency reduces the risk of disputes.

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