German companies employing staff in France must familiarize themselves early on with the specific features of French labor law. This applies particularly to the structuring of working hours. The 35-hour workweek is a cornerstone of French labor law; in practice, it differs significantly from the working-time arrangements common in Germany. It does not mean that employees are prohibited from working more than 35 hours a week; rather, it serves as the statutory reference period beyond which overtime generally accrues and must be compensated or offset accordingly. Structuring working hours in France presents specific legal and organizational challenges for German employers. Errors in drafting contracts, tracking time, or applying special arrangements—such as the forfait-jours (annual days-based contract)—can lead to substantial back payments and serious labor law consequences.
The following section outlines the statutory basis of the 35-hour workweek in France, the flexible working-time models available, and the key factors companies must consider to effectively avoid legal risks.
What does the 35-hour workweek mean in France?
The 35-hour workweek was introduced in France in 2000 as the statutory standard working time (durée légale du travail). In principle, it applies to all employees in the private sector. Crucially, however, the 35-hour limit is not an absolute ceiling; rather, it serves as the statutory reference point at which overtime (heure supplémentaire) generally begins to accrue. Consequently, an employee may work, for instance, 39 or 40 hours per week, provided the relevant legal requirements are met. Hours worked in excess of the statutory reference time must generally be treated as overtime and compensated or balanced out accordingly.
Our Alaris lawyers specializing in contract, labor, and commercial law are well-versed in all key aspects of legally sound contract drafting and the implementation of flexible working time models in France. Contact us today!
Overtime & Compensation Models under French Law
If the 35-hour workweek is exceeded in France, statutory and collective bargaining regulations regarding compensation for this additional work apply. Employers must adhere to strict requirements concerning pay premiums and quotas.
Under French law, any hour worked beyond the statutory weekly working time is generally considered overtime. Overtime is typically calculated on a weekly basis. By law, it must be compensated with a premium, unless an industry-wide collective agreement stipulates different (yet legally permissible) minimum premiums. The standard rules under the Code du Travail are as follows:
- For the 36th to the 43rd hour of work: +25% premium on the regular hourly rate
- From the 44th hour of work onwards: +50% premium on the regular hourly rate
In addition, there is an annual overtime quota (contingent annuel d’heures supplémentaires) that may be utilized without prior authorization. The statutory benchmark is 220 hours per employee per year. If these quotas are exceeded, employees must be granted additional paid compensatory time off (repos compensateur).
Reduction of working hours through RTT days
To simplify the handling of overtime, many companies in France utilize the 35-hour workweek in conjunction with so-called RTT days (Réduction du Temps de Travail). Under this model, employees work, for instance, 39 hours a week; however, instead of receiving a direct salary supplement for the four hours of extra work, they are granted additional days off. This typically results in approximately 10 to 12 RTT days per year.
The forfait-jours: a key feature of French working time arrangements
For executives (cadres) and employees with a high degree of autonomy in structuring their working hours, traditional hourly time tracking is often not a practical solution. This is where the “fixed-day” model (forfait-jours) comes into play. Working time is measured not in hours but in working days per year—typically a maximum of 218 days annually. The French 35-hour workweek limit, which is based on hourly calculations, does not directly apply to this group of employees.
However, for a forfait-jours agreement to be legally valid, strict conditions must be met:
- There must be a valid legal basis within the applicable collective bargaining agreement (Convention Collective).
- An explicit, individual written agreement must be included in the employment contract.
- The employer is required to continuously monitor the workload and conduct annual review meetings.
Proper adherence to this model is crucial. If employers fail to meticulously document the mandatory annual records regarding workload or neglect rest periods, French labor courts can retroactively declare the fixed-day arrangement void. Consequently, the employee can claim payment for all overtime actually worked—calculated based on a 35-hour workweek—for a period of up to three years. For executives, this can quickly result in substantial back-payment claims per employee.
Statutory maximum working hours & rest periods in France
Regardless of contractual agreements, employers must comply with the following statutory requirements:
Maximum daily working hours:
- Generally a maximum of 10 hours per day
- Maximum weekly working hours: An absolute upper limit of 48 hours in a single week, or an average of 44 hours over a period of 12 consecutive weeks
- Minimum rest periods: An uninterrupted daily rest period of 11 hours and a weekly rest period of at least 35 consecutive hours
This is particularly relevant for companies operating internationally where employees regularly collaborate with German and French teams. For instance, late meetings with German colleagues followed by an early start the next morning in France could result in the mandatory rest period falling below the required duration. Work scheduling should therefore take into account not only the daily duration of work but also the timing of the work performed.
Avoiding common HR mistakes
German parent companies sometimes tend to transfer established German contract clauses and HR processes directly to the French market. This frequently leads to costly misunderstandings. Inadequate time tracking is a classic error; in France, the burden of proof regarding actual hours worked lies with the employer in the event of a dispute. Without comprehensive documentation, courts usually rule in favor of employees in overtime claims. Furthermore, the mandatory consultation of the French works council (Comité Social et Économique – CSE) is often overlooked. Companies with 50 or more employees are required to involve the CSE before introducing new working-time or shift models, as failure to do so can result in severe penalties.
Establishing legal certainty in France
Nevertheless, the 35-hour workweek in France does not pose an insurmountable obstacle. Models such as RTT days (reduction of working time) or the forfait-jours system (annualized days-based contracts) offer significant operational flexibility, provided that the requirements of industry-wide collective agreements are strictly observed. Properly structuring staff deployment from the outset—using legally sound employment contracts and meticulous documentation—effectively protects your company against costly retroactive payments.
As a specialized German-French law firm, Alaris Law provides comprehensive support regarding French labor law. We assist you with drafting legally compliant contracts, selecting suitable working-time models, and managing all other HR processes in France. Contact our lawyers today!