Everything you need to know about overtime
24 July 2025 · 4 min reading time
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See job offersOvertime allows employees to increase their pay when working beyond the legal working hours, but it is governed by a strict framework. To avoid disputes or URSSAF adjustments, it is essential to be aware of the rules applicable in 2025: overtime pay rates, annual quota, tax and social exemptions, maximum authorized duration, etc.
What is an overtime hour?
In France, any hour worked beyond the legal weekly limit of 35 hours is considered overtime, provided it is carried out at the request or with the agreement of the employer. This extra time entitles the employee to additional pay or, in some cases, an equivalent compensatory rest.
The Labor Code strictly regulates this practice to protect employees and prevent abuse. Collective or company agreements may adapt these rules, for example by setting a different conventional working time or by arranging compensation methods.
How to calculate overtime?
Calculating overtime correctly involves several clear steps:
- Determine the reference period, usually the week, but sometimes the month or year if there is a collective agreement (e.g., working time modulation).
- Compare actual hours worked to the legal duration (35 hours) or the applicable conventional duration.
- Apply the correct overtime rate based on the number of hours worked beyond the threshold.
- Take into account any compensatory rest that becomes mandatory after a certain number of hours.
Concrete example of calculation
An employee works 39 hours per week, representing 4 overtime hours. With a gross hourly wage of €15, these 4 hours are paid at a 25% premium, for a total gross of €75 for the week. If this situation is consistent, that equates to about €300 gross extra per month.
Overtime rates applicable in 2025
In 2025, overtime results in a pay increase, with the rate varying depending on the volume of hours worked beyond the legal duration. In the absence of a specific agreement, the general rule is as follows:
- From the 36th to the 43rd hour: premium of +25% on the gross hourly wage.
- From the 44th hour onwards: premium increased to +50%.
Some collective or company agreements may provide a different premium rate, but it cannot be less than 10%. It is important to check your company's collective agreement.
Note: these premiums are in addition to base salary and must appear separately on the payslip.
How is overtime paid in 2025?
Overtime is paid in addition to the regular salary, using a legal premium rate set by the Labor Code. The calculation is based on the gross hourly wage, with the appropriate premium applied. For example, an employee paid €15 per hour will earn €18.75 per overtime hour at 25%, and €22.50 if the hour is paid at 50%.
Overtime must be clearly recorded on the payslip, on a separate line. These hours are subject to reduced social security contributions, and exempt from income tax up to €7,500 net per year.
Some companies allow overtime to be converted into compensatory leave. Thus, the employee may choose to recover time instead of being paid, depending on the current agreements.
What are the overtime rules in 2025?
The overtime framework is defined by articles L3121-28 to L3121-36 of the Labor Code. Here are the main rules applicable in 2025:
- Legal working time: 35 hours per week.
- Overtime rates: +25% from the 36th to the 43rd hour, then +50% from the 44th.
- Annual quota: 220 hours per employee (unless a specific collective agreement applies).
- Maximum weekly working time: 48 hours (and up to 60 hours in exceptional cases), with a 44-hour weekly average over 12 consecutive weeks.
- Mandatory compensatory rest when the annual quota is exceeded: 50% or 100% depending on the company size.
Some professions or collective agreements may adapt these rules, such as through working time modulation or the use of "forfait jours" (annualized working days).
If these regulations are not respected, the employer faces potential penalties (URSSAF, labor courts) and reclassification of hours worked.
Can an employee refuse overtime?
In principle, an employee cannot refuse to work overtime if it is required by the employer according to legal or contractual rules. This right is recognized to the employer, except in cases of abuse or exceptional circumstances.
A refusal may, however, be justified if the employee was not given reasonable prior notice, if the request exceeds legal limits (such as 48 hours per week or the annual quota of 220 hours), or if it endangers the health or safety of the employee.
Except for these specific cases, refusing overtime without a legitimate reason can be treated as misconduct. It is therefore recommended for employees to discuss with their employer to assert their rights or personal constraints before declining.
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