Date source: 2026-06-24
Should Overtime Worked Despite Employer Prohibition Be Paid? Published on June 25, 2026 - Entreprendre Service Public / Direction of Legal and Administrative Information (Prime Minister)
In a ruling on May 20, 2026, the Court of Cassation provides clarifications on the payment of unauthorized overtime in cases of excessive workload. Entreprendre Service Public explains.
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In this case, an employer asks an employee not to work overtime. Despite this, the employee decides to do so. The employer refuses to pay these extra hours, arguing that he did not give his consent.
The employee takes the matter to court. He believes that these hours were due since they were necessary for the completion of his work. The employer, on the other hand, states that he informed the employee that he should no longer work overtime.
The Court of Appeal rules that the employee should not perform unauthorized overtime hours. For the Court of Appeal, the employer is not required to pay unauthorized overtime hours to the employee.
The employee appeals to the Court of Cassation. He argues that the employer must pay him for his overtime hours even if the maximum working hours are not respected. He maintains that these overtime hours were necessary to complete the tasks assigned by his employer due to the workload.
The Court of Cassation does not validate the ruling made by the Court of Appeal. It refers to Article L. 3121-28 of the Labor Code, which stipulates that any overtime worked entitles the employee to a salary increase or equivalent compensatory rest. The Court indicates that the employee can claim payment for the hours worked either through an implicit agreement with the employer, or because “the completion of such hours was necessary due to the tasks assigned.”
The Court of Cassation states that the employer must pay the overtime hours worked by the employee and remands the case to the Court of Appeal.
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Source: Service-Public professionals