Understanding Everything About Overtime in Temporary Work
24 July 2025 · 3 min reading time
Join Staffmatch
See job offersWorking beyond 35 hours per week gives the right to overtime pay. This principle also applies to temporary workers, but within a specific framework involving three actors: the employee, the temporary work agency, and the user company. How is overtime counted in temporary work? Who pays it, at what rate, and within what limits?
What is the definition of overtime in temporary work?
For temporary workers, overtime is any hour worked beyond the legal duration of 35 hours per week, unless otherwise stipulated by contract. The logic is the same as for permanent contracts (CDI): once an employee exceeds 35 hours, the hours worked beyond that are considered overtime, provided they are requested or approved by the user company.
However, in temporary work, the mission contract specifies the expected weekly working hours. If a temporary worker is hired for 39 hours per week, only the hours worked beyond that threshold are considered "contractual overtime hours," but these do not always qualify for premium pay depending on collective agreements.
Therefore, there are two calculation bases:
- 35 hours for the legal definition
- Contractual duration as the payroll reference
How is overtime calculated in temporary work?
As with any employee, overtime for temporary workers is calculated on the basis of a calendar week, typically Monday to Sunday. The principle is simple: once you exceed 35 actual working hours in a week, you enter the overtime regime.
But for temporary work, one particular point comes into play: the weekly duration specified in the mission contract. If it specifies 38 or 39 hours, those hours are considered normal. Only those beyond this threshold are classified as overtime.
It is then the temporary work agency (your employer) that is responsible for paying you for these hours, applying the legal or conventional premium rates as appropriate. These hours must be clearly indicated on your payslip, with the premium portion distinctly identified.
For a simple example: a temporary worker works 42 hours whereas the contract provides for 35 hours. They thus perform 7 overtime hours. If their gross hourly wage is €14, and the applicable premium is 25%, they will receive €122.50 gross for these 7 hours (instead of €98 without premium).
What are the premium rates applied to overtime in temporary work?
Overtime worked in temporary employment is subject to the same premium rules as other employment forms. In the absence of more favorable collective agreements, the legal rates apply.
Concretely, the first 8 overtime hours (from the 36th to the 43rd hour) are paid with a 25% premium. Beyond the 43rd hour, the premium rises to 50%.
Some branch or company agreements may provide different rates, but they can never be less than 10%. It is therefore always useful to refer to the applicable collective agreement or to ask your temporary agency for clarification.
In temporary work, the maximum working time cannot exceed 48 hours per week, and the average over 12 consecutive weeks must not exceed 44 hours. Exceptions are possible but must be strictly regulated.
What are the obligations of the user company and the temporary agency?
In temporary work, managing overtime is a shared responsibility between the user company, where the work occurs, and the temporary agency, which is the employee’s legal employer.
The user company must accurately track the working time performed, including any overtime. It must forward this information to the temporary agency to ensure correct payroll processing. It must also ensure compliance with legal maximum working durations, notably the 48-hour weekly cap.
The temporary agency, for its part, is responsible for paying overtime. It must include these hours in the payslip, apply the appropriate premium rates, and declare the amounts in the DSN (Social Security declaration).
If overtime is performed without approval or beyond authorized limits, this may engage the responsibility of one or both parties. That is why traceability and communication between them are essential.
Can a temporary worker refuse overtime?
In principle, when a temporary worker is on assignment, they are required to respect the conditions set by the user company, including working hours. This means they may need to perform overtime if justified by the company’s activity and within legal limits.
However, this employer’s right to require overtime is not absolute. The temporary employee can refuse additional work assignments in certain situations:
- if the request does not comply with the contract (e.g., exceeding contracted hours without prior agreement),
- if there is insufficient notice,
- or if safety or compensation conditions are not met.
A refusal without valid reason may be seen as a breach, but conversely, abuse by the user company can also be contested. The temporary agency, as employer, remains the primary contact in cases of doubt or conflict.
Similar articles
Advice
Temporary work timesheet: what is its purpose?
17 March 2025 · 4 min reading time
Temporary Work Timesheet: A complete guide on management, validation, and digital tools for effective tracking. Ensure fair and fast payment!
Labor Law
What is the increase for night work hours in temporary work?
23 July 2025 · 5 min reading time
In principle, in France, employees work during daytime hours. However, there are exceptions. Some relate to established practices in certain fields of activity, while others fall under the category of exceptions.
Become a temp worker with Staffmatch!
OUR MOBILE APPS
Download the temp worker app
Download the business appDownload our temp worker appDownload our business app
Download the temp worker appDownload the business appDownload our temp worker appDownload our business app