Section 1: Actual work, standby duty and equivalent work

Effective working time is the time during which the employee is at the employer’s disposal and complies with the employer’s instructions, without being free to pursue personal interests.

The time required for meals and breaks are considered as actual working time when the criteria defined in article L. 3121-1 are met.

The time required for dressing and undressing, when the wearing of working clothes is required by law, collective bargaining agreements, internal regulations or the employment contract and when dressing and undressing must be carried out in the company or at the workplace, is subject to compensation. This compensation is granted either in the form of rest or in financial terms.

Time spent travelling to and from the place of performance of the employment contract does not constitute actual working time. However, if it exceeds the normal commuting time between home and the usual place of work, it is compensated either in the form of rest or in financial terms. The part of this business travel time that coincides with working hours does not entail any loss of pay.

If commuting time between home and the usual place of work is increased because of a disability, this may be compensated by time off.

A period of on-call duty is defined as a period during which the employee, without being at his place of work and without being permanently and immediately available to the employer, must be able to intervene to carry out work for the company. The duration of this intervention is considered as actual working time. The period of on-call duty is compensated either financially or in the form of time off….

With the exception of the time spent on call, the period of on-call duty is taken into account when calculating the minimum daily rest period provided for in article L. 3131-1 and the weekly rest periods provided for in articles L. 3132-2 and L. 3164-2.