How to claim unpaid overtime from your employer?
Nothing could be simpler: for the employee subject to collective schedules, it suffices to make himself an Excel table listing the hours claimed, to produce an agenda even a little vague, to mention e-mails ... and this on the grounds that it is is up to the employer to prove that these hours were not worked.
This principle, which was already in force, has just been reinforced by a recent decision of the Court of Cassation.
To discover
Prime Macron 2021: how does it work?
Energy check: all you need to know about the aid scheme which concerns nearly 5.8 million households
See also
The CGT wants all employees to spend 32 hours paid 39
It is indeed not for the employee to provide perfect proof of his working hours that he says he has worked.
"An employer must make available to the Labor Inspectorate the documents which allow the counting of the time worked by each person and he can therefore provide them to the judge,"
said Justine Coret, associate lawyer in the Ayache firm.
Concretely, to refute overtime which is claimed from him in payment, the employer must be able to produce an automated statement if he has set up badgers or an hourly count countersigned by the employee.
However, few companies keep such registers.
However, the phenomenon is far from being marginal.
“It has accelerated a lot since the implementation of the Macron scale capping industrial tribunal indemnities in the event of unfair dismissal.
Employees try to get around it by invoking either moral harassment or overtime, ”
says Justine Coret.
This is the case in 70% of its litigation files.