Working time in France

Introduction

Working time is a highly regulated and complex topic and applies to individuals who are in an employee/employer relationship.

Key concepts

Key concepts are: “effective working time”, “overtime”, “night work” and “shift work”.

Minimum working time

Part-time workers should not work less than 24 hours per week (some exceptions are provided).

Maximum working time

• Daily: 10 hours, but can be increased to 12 hours subject to conditions.
• Weekly: 35 hours but increased within the limit of 44 hours averaged out over a period of twelve consecutive weeks and within the limit of 48 hours in a single calendar week.

Night work

Night work can only be allowed in limited circumstances and is subject to strict limitations.

Rest periods and breaks

Employees should be awarded the following rest periods/breaks: 20 minute break every six hours of work, minimum 11 consecutive hours of daily rest, 35 consecutive hours of weekly rest.

Annual leave

See here for more detail.

Pattern of work

No particular legal provisions on this but Collective Bargaining Agreements (CBAs) may contain specific provisions such as additional rest breaks.

Unmeasured working time

Some very senior executives who are classified at the highest level can be excluded from working time regulations, subject to meeting certain conditions.

Special cases and exemptions

Some exceptions to the 35 hour working limit are provided but flexibility is limited.

Shift working

Possible for companies that cannot stop work due to technical or economic reasons (see list of businesses provided by law) or where the applicable CBA allows it. Specific regulations apply to shift workers.

Young workers

Special rules apply to young workers (under 18 years old)

Sunday work

In principle, weekly rest should be taken on Sunday. Exceptions are provided in certain areas of business (tourist attractions, thermal spas, grocery stores) or for businesses that need to operate every day. Special salary compensations and/or rest should be provided to Sunday workers.

Compensatory rest

Compensatory rest must be awarded in case of overtime above a certain yearly threshold. It can also be decided by collective agreement that all overtime will be compensated in rest (at an increased rate) instead of money.

Opting out of the maximum working week

Not possible.

Agreements which can modify the law

Collective agreements (at company or branch level) may provide for different provisions (even less favourable than law).

Records

Employers must monitor their employees’ working hours and rest periods (eg self-declaration, clock in/clock out system).

Failure to comply with the law

Fines up to a maximum of €750 for each employee concerned, plus payment of overtime and possible damages. Clandestine work (travail dissimulé) can give rise to more serious sanctions.

Restrictions on contracting out

Contracting out of legal working time regulations is only possible in limited cases.

Overtime

Any hour performed over the weekly working time of 35 hours should be paid at an increased rate (125% or 150%) and, above a certain threshold, should give rise to compensatory rest.

Further information on working time in France is available from our International Employment Issues microsite here.