Section 4: Organisation of working time over a period longer than a week, individual timetables and recovery of hours lost

Pursuant to the fourth paragraph of article L. 3121-41 and the seventh paragraph of article L. 3121-44, overtime means hours worked : 1° More than thirty-nine hours per week. 2° Over and above the average thirty-five hours per week calculated over the reference period set in application of article L. 3121-45, after deduction, where applicable, of any overtime hours worked in excess of the weekly limit. In the event of…

In establishments or parts of industrial establishments where work is carried out in successive shifts on a continuous cycle, the assignment of an employee to two successive shifts is prohibited, except in exceptional cases and for imperative operational reasons. When the assignment to a second shift has extended working hours by more than two hours, the employer must inform the Labour Inspector of the reasons within forty-eight hours.

The decision to authorise the use of individualised working hours, taken by the Labour Inspector pursuant to Article L. 3121-48, is notified within two months of the submission of the request by the employer.

The employer may not dismiss for lack of activity, within a period of one month following a period of recuperation, employees normally employed in the establishment or part of the establishment where the recuperation or overtime hours were worked. This provision does not apply to employees hired temporarily to cope with an extraordinary increase in workload.

In the event of extraordinary and prolonged unemployment occurring in a profession, the right to recovery is suspended for that profession: 1° By order of the Minister responsible for labour, either for the whole of France or for one or more regions; 2° By decision of the regional director of companies, competition, consumption, labour and employment for specially determined establishments.

The Labour Inspector is informed in advance by the employer of collective work stoppages and the arrangements for recovery. If work is interrupted by an unforeseen event, the information is given immediately.