Organization of working time
In France, statutory working hours provide a clear framework for businesses. This framework is accompanied by several measures that allow for adapting working time arrangements to the needs of the business, while respecting maximum working hours and rest periods. Discover the essential rules you need to know.
In a nutshell
- The legal working time for full-time employees is set at 35 hours per week.
- This threshold serves as the basis for calculating overtime.
- Employers must also comply with maximum working hours and mandatory rest periods.
- Several measures allow for the organization of working time to be adapted according to the activity, the functions performed and the level of autonomy of employees through fixed-hour or fixed-day contracts.
- Part-time work is subject to specific rules.
- This way, businesses can combine compliance, flexibility and operational performance.
What is the standard working time for full-time employees?
For full-time employees, the statutory working time is set at:
- 35 hours per week.
- 67 hours per month.
- 1,607 hours per year.
This standard is a reference framework. Hours worked beyond the legal limit are generally considered overtime.
However, collective bargaining agreements within the firm may stipulate a different arrangement.
Which employees are subject to the 35-hour working week?
The legal working time of 35 hours per week applies to full-time employees with standard working hours.
However, not all employees work 35 hours per week: some may be subject to a different work arrangement, particularly under a fixed-hour or fixed-day contract, depending on their role and level of autonomy.
The situation of senior executives
Employees with senior executive status are not subject to the rules regarding working hours when they meet the following three criteria:
- Their responsibilities are such that they require a high degree of independence when organizing their working time.
- They are authorized to make decisions largely independently.
They receive one of the highest salaries in the firm.
How do fixed-rate agreements allow for the organization of working time to be adapted?
Fixed-rate agreements offer businesses a framework for organizing work adapted to certain roles, particularly when the level of autonomy or the nature of responsibilities does not lend itself to a traditional hourly calculation.
They allow businesses to agree with employees on a fixed-rate compensation package that includes base salary and potential overtime, expressed in:
- Hours.
- Days.
To be valid, the fixed-rate working agreement must be accepted by the employee and:
- Formalized in writing.
- Stipulated in hours (week, month or year) or in days.
Employees subject to a fixed-rate agreement in days or hours are not subject to the standard 35-hour working week. However, they remain protected by the applicable rules regarding rest periods.
An annual working agreement allows for the organization of working time based on the number of days worked per year, without the traditional hourly calculation. It provides flexibility for roles characterized by significant independence in terms of organizing working time.
Which employees are eligible for an annual working agreement?
Only the following employees may enter into an individual annual working agreement, up to the number of days stipulated by the collective agreement:
- Executives with independence when organizing their work schedule and whose job duties do not require them to follow the standard working hours applicable within their department.
- Non-managerial employees whose working time cannot be predetermined and who have autonomy when organizing their work schedule.
What are the implementation conditions and employer obligations?
To conclude a fixed-day working agreement, the following are required:
- A collective agreement authorizing its implementation (business or establishment agreement, or failing that, a sector-based agreement authorizing this arrangement).
- The employee’s agreement.
- The conclusion of a written individual fixed-day working agreement.
The employee’s working time is then no longer counted in hours, but in the number of days worked per year. This number is capped at 218 days per year, unless the collective agreement stipulates a lower limit.
The collective agreement must also specify how the employer:
- Regularly monitors the workload.
- Organizes periodic discussions with employees regarding their workload, work-life balance, remuneration and work organization.
Employees on a fixed-day working agreement are not subject to maximum daily and weekly working hours. However, they remain protected by the rules relating to daily rest and weekly rest.
A fixed-hours agreement enables employers to establish a fixed working time with employees, potentially including a set number of overtime hours worked on a regular basis. It can be concluded on a weekly, monthly or annual basis.
This arrangement enables employers to adapt the organization of working time when the work requires employees to regularly work a certain number of hours.
Which employees are eligible for a fixed-hours agreement?
A fixed-hours agreement can be concluded:
- On a weekly or monthly basis, with any employee.
- On an annual basis, only with certain employees.
An annual fixed-hours agreement is reserved for:
- Executives whose job duties do not require them to follow the standard working hours applicable within the workshop, department or team to which they belong.
- Employees who have genuine independence when organizing their working time.
What are the implementation conditions and the employer’s obligations?
To conclude a fixed-hours agreement:
- For weekly or monthly fixed hours, a simple agreement between the employer and the employee is sufficient.
- For annual fixed hours, the following are required:
- A collective agreement authorizing its implementation (business or establishment agreement, or failing that, a collective bargaining agreement).
- The employee’s agreement.
- The conclusion of a written individual fixed-hours agreement.
The fixed-hours agreement must specify the agreed working hours per year and the number of overtime hours included in the fixed hours.
- Hours worked beyond the hours stipulated in the fixed hours agreement are not included in the fixed remuneration: they remain subject to overtime regulations and must be paid accordingly.
- Employees on fixed-hours agreements remain subject to maximum working hours and the rules relating to daily and weekly rest periods.
What is the maximum working time?
Even if the legal or collectively agreed working time is exceeded, working time limits must be respected.
The daily working time is generally limited to 10 hours per day.
However, exceptions may be made in certain situations, including:
- If the employer has obtained authorization from the labor inspector.
- In the event of an emergency related to a temporary increase in activity.
- If a collective agreement provides for it in the event of increased activity or for reasons related to the organization of the business, the maximum working time may be extended to 12 hours.
This framework allows for occasional activity needs to be met while maintaining a focus on control and safety.
The weekly working hours may not exceed:
- A maximum of 48 hours in any one week.
- An average of 44 hours over 12 consecutive weeks.
Exceptions
In certain exceptional circumstances or when provided for by a collective agreement, overtime may be authorized under the conditions set forth by labor law.
- The maximum working hours of 48 hours may be increased to 60 hours per week in exceptional circumstances resulting in a temporary and exceptional increase in workload.
- The average working hours of 44 hours over a period of 12 consecutive weeks may be increased to 46 hours if either:
- Collective provisions so provide.
- Or the labor inspectorate authorizes this overtime.
When an overtime request is submitted to the administration, the Social and Economic Committee (CSE), if one exists, always provides its opinion on the authorization request, which is then forwarded to the labor inspectorate.
Adherence to these limits also includes respecting mandatory rest periods. For further information, please visit our page dedicated to
.
How does part-time employment work?
Part-time work applies to employees whose working hours are less than the legally or contractually stipulated full-time hours.
Principles
All employees can work part-time.
The hours are set by a collective bargaining agreement or industry-wide agreement.
Failing that, at 24 hours per week (or 104 hours) or per month, or the equivalent calculated over the period stipulated by a collective agreement on working time arrangements.
- The minimum hours are generally set at 24 hours per week.
- A different number of hours may be stipulated by a collective agreement.
If the minimum working hours stipulated in this collective agreement are less than 24 hours per week, or its monthly equivalent, the agreement must specify:
- Guarantees regarding the implementation of regular working hours.
- Or guarantees enabling the employee to combine several jobs to reach a total working time equivalent to full-time employment or at least 24 hours per week.
Exceptions
Certain situations are not subject to the minimum working hours requirement:
- Fixed-term contracts (seven days or less).
- Replacing an absent employee.
- Exemptions requested by the employee (personal circumstances, studies, etc.).
- Certain specific contracts (CDDI, IAE contracts, employment by a private individual).
Mandatory information
The part-time employment contract must specify:
- The employee’s job title.
- The remuneration.
- The planned weekly or monthly working hours.
- The work schedule.
- The method of communicating the work schedule to the employee in writing.
- The conditions for modifying the work schedule.
- The limits on overtime hours.
For further information, please see our dedicated page on employment contracts.
Overtime
When a part-time employee works hours beyond those stipulated in their contract, they are working “overtime”:
- Overtime is limited to 10% of the weekly or monthly hours stipulated in the contract. A collective bargaining agreement or an extended sector-based agreement may increase this limit to one-third of the working hours stipulated in the contract.
- Overtime is compensated with a pay increase of 10% for the first hours worked, then 25% up to the maximum number of hours allowed.
Overtime cannot result in the employee’s working hours reaching the legal or collectively agreed working hours applicable to full-time employees.