According to the French Labour Code, the actual daily working time of the employee must not exceed 10 hours, except in case of derogation or emergency determined by Decree (Article L. 3121-18).
The goal of this principle is to guarantee employees’ health and safety by providing them adequate rest.
If an employer does not comply with this rule, the employee could claim compensation.
In a recent case, the French Supreme Court considered that working more than 10 hours per day necessarily causes harm to the employee.
Principle
In most areas of law, to obtain damages, the employee needs to prove harm.
Exceptions
The French Supreme Court has already ruled in the past that the employee exceeding the weekly maximum working time duration does not need to prove any harm in order to obtain damages.
On May 11, 2023, the French Supreme Court ruled that the employee does not have to prove any harm in order to obtain damages in case of exceeding the daily maximum duration of working time.
In this case, the employee proved that he had worked more than 10 hours per day.
However, the Court of Appeal dismissed the employee’s claim, considering that the employee did not prove any harm in this respect.
First, the French Supreme Court recalled that the daily limit of working time exists to ensure the health and safety of the employees.
Then, the French Supreme Court overturned the decision of the Court of Appeal and considered that the fact that the employee worked more than 10 hours per day was sufficient for him to obtain damages.
Employers must therefore be vigilant and ensure they comply with legal limits, by putting in place systems to monitor working time.
Cass. soc., May 11, 2023, n° 21-22.281