D5f4 - How can working time be made more flexible over a reference period?

Employees may work beyond the daily limit of 8 hours and the weekly limit of 40 hours provided that the average weekly working time, calculated over the applicable reference period, does not exceed either 40 hours or the maximum normal weekly working time laid down by mutual consent (collective work agreement or individual employment contract).

The working time may not exceed

• 10 hours per day;
• 48 hours per week; and
• an average of 40 hours per week.

In a work organisation system without a reference period, an additional hour is paid for at the rate of 1.4 or else compensated for by remunerated rest at the rate of 1.5.

By virtue of the reference period, an hour of overtime may be recovered on a 1 = 1 basis during the reference period.

 

The total number of hours for the reference period is 168 (28+48+30+42+20) and the average is 40 hours per week (21 working days in the month of January = 21 x 8 = 168 hours per month).

Consequently, the hours worked in excess of 8 per day and 40 per week are not to be regarded as overtime to be paid at a compensatory rate of 1.5 or by a remuneration rate of 1.4 as provided for in Article L.211-27 of the Labour Code.

However, if the duration of the reference period exceeds 1 month, the maximum figures of 10 hours per day and 48 hours per week are reduced.

Thus, in the case of a reference period exceeding 1 month but not exceeding 3 months, the average maximum working time may not exceed 12.5% of the normal working time, that is to say 45 hours.

In the case of a reference period exceeding 3 months but not exceeding 4 months, the average working time may not exceed 10% of the normal working time, that is to say 44 hours.

Those rates of 12.5% or 10% are to be observed within every WOP. Over and above those rates, every hour worked is to be regarded as overtime and must be paid for as such.