Additional hours, overtime > Beware.


Part-time and additional hours: the simple production of an hour statement with the email schedules sent by the employee at late hours during the week and on weekends (without the employer being at the origin) can be considered by the judges as sufficiently precise elements to allow the employer to respond to them? The Court of Cassation has ruled and its answer is yes.Cass. Soc., February 28, 2024, n°22-22.506 Be careful to produce elements allowing you to control the working hours of your part-time (but also full-time) employees. Knowing this, other questions arise: 1/ How to approach the question with employees who have been working additional/overtime hours for years? Should we tell them? Don't tell them? Our advice: Reorganize yourself in a caring manner and highlight your wish to see your employees benefit from a real work/life balance > a reminder of overtime can sometimes jeopardize the finances of a company so be aware anticipate ; 2/ In a context where it is customary to think that an employee who works overtime is an invested employee, how can we define the notion of investment in a context where there would be no overtime worked, the investment being a key concept allowing you to know which employee to increase and by how much? Our advice: the investment does not and should not be reduced to working overtime/additional hours. Why? Because some employees work overtime without achieving the targeted objectives, as do employees who leave for time but the reverse is also possible. Therefore, it is up to you as an employer to define the common objectives to be met and see whether or not they are achievable and achieved during working time via Excel monitoring, concrete and participatory meetings 🙌 /breakfast 🥐 for example and do not hesitate to readjust the parameters if necessary, always collectively until you find the right rhythm for everyone. 🚢 Bring Meritocracy up to date in a factual and rational way: who did it? how did he do it? who deserves ? Your business will gain in Quality in the long term.