Subsection 2: Maximum weekly working hours

In the absence of an agreement as provided for in Article L. 3121-23, exceeding the average weekly working time of forty-four hours is granted under the conditions defined in Article R. 3121-10.

Authorisation to exceed the maximum average weekly working time provided for in article L. 3121-25 may be granted in one of the following ways: 1° If the average weekly working time of forty-six hours is exceeded over a period of twelve consecutive weeks; 2° If the average weekly working time is exceeded over a period of more than twelve weeks; 3° If a combination of the above two methods is…

The request to exceed the limit for an entire sector of activity at national level is sent by the employers’ organisation concerned to the Minister responsible for labour.The Minister makes his decision after consulting the employers’ and employees’ organisations that are representative in the sector in question, taking into account the economic conditions and the employment situation in the sector.

The request for an overrun concerning a sector of activity at local, departmental or interdepartmental level is sent by the employers’ organisation concerned to the Regional Director of Companies, Competition, Consumption, Labour and Employment. The latter makes its decision after consulting the representative employers’ and employees’ organisations concerned, taking into account the economic and employment conditions specific to the region and sector in question.

When an authorisation is granted in application of articles R. 3121-13 or R. 3121-14, the company may only use it following a decision by the Labour Inspector, who rules on the principle and terms of its application, after consulting the Social and Economic Committee, if there is one.

An employer who does not come under a sector covered by one of the decisions provided for in articles R. 3121-13 and R. 3121-14 may, in order to deal with exceptional situations specific to his company, request special authorisation. This request must be substantiated and sent, together with the opinion of the social and economic committee, if any, to the labour inspector who forwards it to the regional director of…