French Labour Code
In forceI.-A collective agreement at company or establishment level or, failing that, a branch agreement :
1° Specifies the rate or rates of increase for overtime worked in excess of the legal working week or the working week considered to be equivalent. This rate may not be less than 10% ;
2° Defines the annual quota provided for in Article L. 3121-30 ;
3° Determines all the conditions under which overtime may be worked in excess of the annual quota, as well as the duration, characteristics and conditions for taking the compulsory compensatory rest provided for in the same article L. 3121-30. This compulsory counterpart may not be less than 50% of the overtime hours worked in excess of the annual quota mentioned in the said article L. 3121-30 for companies with no more than twenty employees, and 100% of these same hours for companies with more than twenty employees. The number of employees and the fact that the threshold of twenty employees has been crossed are determined in accordance with the procedures set out in article L. 130-1 of the Social Security Code.
Overtime is worked up to the limit of the annual quota applicable in the company, after informing the social and economic committee.
Overtime is worked in excess of the annual quota applicable in the company, after consulting the social and economic committee.
II - A collective agreement at company or establishment level or, failing that, a branch agreement may also :
1° Provide that compensation in the form of rest is granted for overtime worked up to the limit of the quota;
2° Provide for the replacement of all or part of the payment for overtime, as well as additional payments, by an equivalent compensatory rest period.
III - A company agreement may adapt the conditions and procedures for allocating and taking compensatory rest in lieu.
