In France, working hours, break times, and compensation for on-call duties are regulated by the Labor Code to ensure the well-being of employees. Whether you're an employer or employee, understanding these rules is essential to ensure compliance and avoid legal issues. Here’s an in-depth guide to the legal working hours in France, meal and break times, on-call duties, and the various exceptions that apply to workers, especially those under 18.

What Constitutes Actual Working Time in France?

Defining Actual Working Hours

In France, actual working time is defined as the time an employee spends under the employer's control, working according to instructions, without the freedom to engage in personal activities. This is distinct from mere time spent at the workplace. It is important to note that break times, travel time, and on-call duties can also be considered as part of actual working time under certain conditions.

These provisions are part of public policy and cannot be waived through individual agreements. Employers must adhere to these regulations to remain compliant with the law.

Meal and Break Times

Employees are entitled to break times during the workday. If the break meets certain criteria—such as the employee remaining under the employer's control—it may be considered part of the actual working time. A minimum 20-minute break is required if the employee works for more than 6 hours a day. In the case of employees under 18, this break must be extended to 30 minutes after 4.5 hours of work.

Time for Dressing and Undressing

If employees are required to wear specific work attire (due to legal requirements or company policies), the time spent dressing and undressing at the workplace may also be considered part of their actual working hours. Employers must compensate this time either in the form of rest or monetary compensation.

Business Travel Time and Compensation

Travel to Work Locations

Business travel time is typically not counted as actual working time. However, when the travel exceeds normal commuting hours, the extra time must be compensated. This can either be in the form of rest or financial compensation.

For itinerant workers (those who travel regularly for work), the law now acknowledges that the constraints of travel may qualify some of this time as actual working hours. Compensation for business travel depends on company agreements or, if absent, direct employer decisions after consultation with the Social and Economic Committee (CSE).

On-Call Duties: Key Rules and Compensation

What Is On-Call Duty?

On-call duty refers to the time an employee is not physically at the workplace but must be available to intervene in case of an emergency or to perform work. While the actual intervention time is counted as working hours, the standby period may also be compensated depending on the conditions. If the on-call period significantly limits personal freedom, it may be treated as actual working time.

Organizing and Compensating On-Call Duties

On-call duties must be clearly scheduled and communicated to employees, typically 15 days in advance (or at least one day in advance for urgent cases). Compensation for on-call duty can be either financial or in the form of rest. This compensation applies whether or not the employee is called to work during the on-call period.

Legal Limits on Working Hours in France

Maximum Daily and Weekly Working Hours

In France, working hours are capped to ensure a work-life balance. Here are the key limits:

1. Maximum daily working hours: 10 hours. This can extend to 12 hours only with special permission or in emergencies.
2. Maximum weekly working hours: 48 hours, but it may rise up to 60 hours in exceptional cases with proper authorization.
3. For minors (under 18), the daily work limit is 8 hours and the weekly limit is 35 hours.

Overtime and Exceeding Maximum Hours

Employees working over the maximum legal working hours must be compensated for overtime, and employers must ensure they comply with legal working time limits. Any work beyond the maximum 44 hours per week (averaged over 12 consecutive weeks) requires special approval.

Specific Provisions for Minors and Young Workers

Working Hours for Young Workers

The labor laws in France are particularly stringent when it comes to young workers (under 18). They cannot work more than 8 hours a day and 35 hours a week, with exceptions requiring prior approval from a labor inspector. Additionally, any work exceeding 4.5 hours per day must include a 30-minute break.

Conclusion

1. Actual working time includes the hours employees spend under the employer’s control, including travel time, breaks, and on-call periods when they limit personal freedom.
2. Employers must comply with strict rules on meal breaks, dress/undress times, and business travel, ensuring they provide compensation or account for these periods in actual working hours.
3. There are maximum daily and weekly working hours defined by the French Labor Code, with specific rules for minors and overtime.
4. On-call duties are subject to compensation and must be clearly communicated to employees in advance.

By adhering to these regulations, both employers and employees can ensure that working conditions are fair and compliant with French law. This helps promote a balanced work environment and reduces the risk of disputes related to working hours.