Indemnités d'heures supplémentaires
Working hours are all those hours during which the worker is at the disposal of the employer. However, it excludes the rest periods during which workers are not at the disposal of the employer. The general working hours are 8 hours a day and 40 hours a week. The daily and weekly hours limit is averaged over a reference period of 4 weeks. A longer reference period (maximum of 12 months) may also be set under a collective bargaining agreement however the daily and weekly working time may not exceed 10 hours and 48 hours (inclusive of overtime) respectively. For adolescents/teenage workers (15-18 years), the maximum working time is 40 hours a week.
In certain sectors, where there is exceptional seasonal work overload, the collective agreement may permit daily and weekly working hours as 12 hours and 60 hours respectively for a period of up to six weeks. For work performed due to seasonal work overload, each hour worked beyond 8 hours a day and 40 hours a week must be paid as overtime if no compensation system is in place. If there is a compensation system in place, each hour worked beyond 10 hours a day and 48 hours a week is paid as overtime.
Overtime is the work which is performed beyond daily and weekly limits of normal hours of work. Overtime is generally authorised under the following conditions: to allow special work to be carried out (inventories and liquidations); to prevent the loss of perishable products or avoid the endangering of the technical results of work; work undertaken to cope with an actual or threatened (imminent) injury; and for emergency work to avoid serious interference with the ordinary working of the institution. Overtime work may not be performed for more than two hours per day. Thus, the total working hours during a day cannot exceed 10 hours.
Under the amended Labour Code, employers now can set up a working organization plan (POT) allowing them to determine the weekly working hours with flexibility and extends the reference period from one month to four months. A collective agreement may still raise the reference period to maximum of 12 months.
Under the December 2016 amendment in the law, overtime is performed if the hours worked during the reference period exceed 40 hours on average and where the hours worked exceed a certain limit: any hours exceeding 20% beyond the normal working hours (48 hours a week and 192 hours per month) in a reference period of up to 1 month; any hours exceeding 12.5% beyond the normal working hours (45 hours per week and 180 per month) in a reference period of 1-3 months; any hours exceeding 10% beyond the normal working hours (44 hours per week and 176 hours per month) over a reference period of 3-4 months. The companies using POT and granting workers extra days of annual leave are now subject to higher maximum working hours. If a worker is made to work beyond those hours (as specified above), only then is the work considered and paid as overtime.
Workers may be given time-off or paid a premium rate for overtime hours. In the case of compensatory time-off, one and half hour (90 minutes) of time-off is provided against each hour (60 minutes) of overtime worked. In the case of financial compensation, worker is paid 140% of the normal wage rate for overtime hours (the premium is only 40%). Work plan for engaging workers for overtime is established at least five weekdays before the reference period for that purpose and submitted to staff delegation. Overtime compensation provisions are not applicable to senior managers/executives.
For part-time workers, overtime is possible on voluntary basis, may not exceed the duration of normal working time for a full-time employee; and must be a governed by the employment contract. Overtime is prohibited for young as well pregnant and breastfeeding workers.
Sources: §211, 334 & 336 of Labour Code 2006, last amended in 2017
Indemnités de travail de nuit
Night work is the work performed during the interval between 22:00 and 06:00 for all sectors except hotel and catering (where this interval is 23:00 to 06:00). Night worker is the worker who spends at least three hours of his/her working time during the night period or worker, who, by virtue of a collective agreement, is likely to perform night work for at least one quarter (25%) of their annual working hours.
The daily working hours for night workers cannot exceed 8 hours on average per 24-hour period over a 7-day period. Night workers carrying out hazardous work cannot work more than 8 hours a day for every 24-hour period.
An employer has to make additional payments for night workers if a collective agreement is in place or in the hotel and catering sector. A collective agreement must provide for a premium for night work which cannot be less than 15%. A collective agreement may provide a higher rate of premium pay for night work. In the hospitality (hotel and catering) sector, the premium pay is 25% for night work performed between 01:00 and 06:00 (worker may either be provided a compensatory time-off). The additional payment for night work is also exempt from taxes.
Night workers are entitled to medical examination before the start of night and afterwards at regular intervals. Employer is required to transfer a worker to suitable daytime position if a medical examination has determined that night work is harmful for the worker's health.
sources: §162-12, 211, 212-8, 326-1 & 326-9 Labour Code 2006, last amended in 2017
Congés compensatoires / Jour de repos
Generally, Sunday work is prohibited for all employees and apprentices from midnight to midnight. Work on a weekly rest day is permitted for family undertakings, surveillance of business premises, work necessary for the continuous operation of a business, work necessary to avoid the deterioration of raw materials or products, and urgent works which is necessary to arrange rescue measures, avoid imminent accidents or repair damage to equipment, installations or buildings.
If a worker performs work on Sunday for more than four hours, he/she has the right to full day of paid compensatory leave. If a worker has worked less than 4 hours on a Sunday, he/she is entitled to half a day's paid rest. In addition to this time-off, worker is also entitled to get 70% of his/her normal wage for every hour worked on Sunday. If work on Sunday is also considered overtime, workers are entitled to premium rate of 140% of the normal wage rate for those hours worked on Sunday or compensatory time-off as calculated under the law. Adolescent workers who work on a Sunday or Public Holiday receive a 100% increase in their salary.
sources: §231 & 344-14 of Labour Code 2006, last amended in 2017
Congés du weekend / Compensation pour travail des jours fériés
If a worker works on a weekly rest day (Sunday), he is entitled to a premium rate of 70% for every hour worked on Sunday, in addition to the compensatory rest. For work performed on a public holiday, worker is paid a premium rate of 200% of the normal wage rate for every hour worked on a public holiday.
sources: §231-7 & 232-7 of Labour Code 2006, last amended in 2017
Réglementations relatives aux indemnités
Code du travail de 2006, modifié en dernier lieu en 2017 / Labour Code 2006, last amended in 2017