Overtime is the hours worked beyond 35 hours per week. It carries a 25% premium for the first eight hours, then 50% beyond that. An agreement may set a different rate, but not below 10%. Back-pay covers the hours worked and not paid, within a three-year limit.
The count is done per week, beyond the statutory 35-hour week. Hours 36 to 43 (the first eight) carry a 25% premium, and from the 44th hour the premium rises to 50%. These rates apply unless a collective agreement provides a different rate, which cannot be below 10%.
Note (2025 reversal). In a ruling of 10 September 2025 (Court of Cassation, Employment Division, no. 23-14.455, published), paid-leave days must be taken into account when assessing whether the overtime trigger threshold is crossed. A week that includes paid leave can therefore give rise to premiums even if fewer than 35 hours were actually worked. Paid leave does not, however, become actual working time within the meaning of article L.3121-1. The Court extended this solution to multi-week reference periods in a ruling of 7 January 2026 (no. 24-19.410).
The back-pay is calculated in four steps:
To this amount are added the related paid leave and the social security contributions due on the salary amounts.
A claim for salary back-pay, overtime included, is time-barred after three years from the day the employee knew or should have known the facts. If the contract is terminated, the claim may cover the three years preceding the termination.
The burden of proof is shared. The employee produces sufficiently precise evidence of the hours they claim to have worked, and the employer, who must monitor working time, produces its own evidence. The court decides in the light of the whole.
Reconstructing back-pay over three years, week by week, with the premiums and contributions, is slow and error-prone on a spreadsheet. Plato calculates this back-pay and the associated contributions from the elements of the case file. See also our article on the Macron scale 2026.
What is the overtime premium?
25% for the first eight hours beyond 35 hours per week, then 50% beyond that. A collective agreement may set another rate, at least 10%.
How many years can you claim back-pay for?
Three years. If the contract is terminated, the claim may cover the three years preceding the end of the contract.
Does the employee have to prove their overtime?
The burden of proof is shared: the employee supports the claim with precise evidence, the employer produces its own. The court decides in the light of the whole.
Does overtime give rise to contributions and paid leave?
Yes. The back-pay triggers social security contributions and gives rise to related paid leave, to be included in the total valuation.
Does paid leave count towards triggering overtime?
Yes. Since the ruling of 10 September 2025 (no. 23-14.455), paid-leave days are taken into account when assessing whether the 35-hour threshold is crossed, without thereby becoming actual working time. The Court extended this solution to multi-week reference periods on 7 January 2026 (no. 24-19.410).
How do you make this calculation reliable?
A vertical tool such as Plato reconstructs the back-pay period by period with the premiums and contributions, which limits the errors of a manual calculation.