In order to assess whether a client must pay a homeworker the additional overtime pay provided for in article L. 7422-9, the following is taken into account:
1° Performance times resulting from the extended collective labour agreement or, failing this, from the prefectoral or ministerial order issued in application of articles L. 7422-2 and R. 7422-6 ;
2° Where applicable, assistance used by the homeworker in accordance with 2° of article L. 7412-1.