Individual Employer: employee working time at home
Verified 15 January 2022 - Legal and Administrative Information Directorate (Prime Minister)
The rules concerning the working time of employees employed at home have specific characteristics. Affected positions in the child and adult fields of activity, for example in relation to working hours and overtime counting.
Employment in child and adult work
The child and adult work areas concern the jobs of babysitter, childcare or life assistant.
Working hours shall be deemed to be "regular" in the following cases:
- the contract provides for a fixed weekly working time,
- the periods of work shall be repeated and/or repeated regularly in accordance with the schedule laid down in the contract.
In other cases, the length of time worked is said to be "irregular". The employer must then inform the employee in writing within a 5-day calendar.
Warning
the provisions on working time and part-time work provided for in the labour code do not apply.
General case
The duration of work specified in the collective agreement is 40 hours per week for a full-time employee.
The employee at home carries out actual working hours.
Responsible Day Attendance Hours
Employee Occupancy a position in the child and adult fields of activity may responsible day attendance times.
The hours of responsible day attendance must be specified in writing in the contract.
1 hour of responsible day attendance is equal to 2/3 of 1 hour of actual work (or 40 minutes).
Example :
An employee works 40 hours of work, including 24 hours of responsible attendance. Its duration actual work is then 32 hours corresponding to 16 hours + 16 hours (24 hours of responsible presence x 2/3).
Night attendance hours
Employee Occupancy a position in the child and adult fields of activity may hours at night.
The time range is between 8:00 pm and 6:30 am. An agreement between the employer and the employee can set this time range by 1:30 am.
It may not exceed 12 consecutive hours. Night hours are compatible with daytime work.
Overnight attendance may be scheduled for more than 5 consecutive nights if the following cumulative conditions are met:
- Weekly rest
- The number of interventions performed by the employee does not exceed 4 night-time interventions every night
- Application by the employee and/or individual employer to meet specific needs requiring overnight attendance (e.g., health, dependency, disability)
- Agreement in writing
Overnight hours are not taken into account in determining the duration actual work.
If every night, the employee is required to intervene in minus 4 times, the hours of night attendance shall be reduced to actual work and the employment contract must be reviewed.
Night sick duty hours
An employee holding a position in the field of adult activities may perform sick night shifts.
Night sick shifts are not compatible with full-time day work and may not exceed 12 consecutive hours.
Night sick duty hours must be specified in the contract.
Maximum working time
In the case of regular working hours, the maximum working time shall be:
- 50 hours in one week
- An average of 48 hours in a 12 consecutive week period
In the case of irregular working hours, this period is between 0 and 48 hours per week.
Please note
when the employee has several individual employers, he or she ensures that the maximum working time per week is respected. It shall inform them of any risk of overrun.
Shared Guard
The duration of work specified in the collective agreement is 40 hours per week for a full-time employee.
The employee at home carries out actual working hours.
The employee's hours of work shall be the total of the hours worked at the home of the individual and/or the other individual employer as provided for in the employment contract.
Please note
responsible daytime attendance times are not applicable.
Maximum working time
In the case of regular working hours, the maximum working time shall be:
- 50 hours over 1 week
- An average of 48 hours in a 12 consecutive week period
In the case of irregular working hours, this period is between 0 and 48 hours per week.
General case
Actual hours of work exceeding the working time specified in the contract and not exceeding 40 hours per week may be performed. They do not constitute overtime. They are paid at the normal rate.
Shared Guard
On-call time in excess of the contractual hours common to the 2 employers may be supplemented by single-shift hours requested by 1 individual employer.
An employee of the individual employer may work regular hours or irregular hours.
Regular times
Overtime work is that performed beyond the 40 hours of effective weekly work.
They can be uncounted weekly from Monday to 12:00am to Sunday at 24:00pm.
Unscheduled times
Overtime is the average of 40 hours of effective weekly work over 8 consecutive weeks.
Shared Guard
Overtime is when the total actual hours worked exceeds 40 hours per week.
The usual weekly rest day must be included in the contract. It is preferred on Sundays.
The employee shall be granted a weekly rest period of at least 35 consecutive hours.
The young worker aged 16 to 18 years is entitled to 36 consecutive hours of rest per week, including Sunday.
1 May
1to may is obligatory unemployed and paid if he falls one day usually worked.
However, if the nature of the activity so warrants (e.g. assistance to dependants), the employer and the employee may agree to work on 1to May.
Other holiday worked
The work of holidays is provided for in the contract.
In the absence of a written contract, the parties agree, in writing, to work on a holiday. If there is no agreement, the holiday is not working.
Warning
the young worker between the ages of 16 and 18 cannot work on public holidays.
Disputes fall within the competence of the prud'homme council the place of residence of the individual employer.
Other
When the employee does not take responsibility for people, he or she is in routine jobs such as home maintenance, DIY or gardening. These jobs correspond to the fields of activity defined by the classification of the individual employer's collective agreement.
Working hours shall be deemed to be "regular" in the following cases:
- the contract provides for a fixed weekly working time,
- the periods of work shall be repeated and/or repeated regularly in accordance with the schedule laid down in the contract.
In other cases, the length of time worked is said to be "irregular". The employer must then inform the employee in writing within a 5-day calendar.
Warning
the provisions on working time and part-time work provided for in the labour code do not apply.
General case
The duration of work specified in the collective agreement is 40 hours per week for a full-time employee.
The employee at home carries out actual working hours.
Maximum working time
In the case of regular working hours, the maximum working time shall be:
- 50 hours over 1 week
- An average of 48 hours in a 12 consecutive week period
In the case of irregular working hours, this period is between 0 and 48 hours per week.
Young worker aged 16 to 18
The working week of a young worker aged 16 to 18 may not exceed 35 hours.
Please note
when the employee has several individual employers, he or she ensures that the maximum working time per week is respected. It shall inform them of any risk of overrun.
Actual hours of work exceeding the working time specified in the contract and not exceeding 40 hours per week may be performed. They do not constitute overtime. They are paid at the normal rate.
An employee of the individual employer may work regular hours or irregular hours.
Regular times
Overtime work is that performed beyond the 40 hours of effective weekly work.
They can be uncounted weekly from Monday to 12:00am to Sunday at 24:00pm.
Unscheduled times
Overtime is the average of 40 hours of effective weekly work over 8 consecutive weeks.
The usual weekly rest day must be included in the contract. It is preferred on Sundays.
The employee shall be granted a weekly rest period of at least 35 consecutive hours.
The young worker aged 16 to 18 years is entitled to 36 consecutive hours of rest per week, including Sunday.
1 May
1to may is obligatory unemployed and paid if he falls one day usually worked.
However, if the nature of the activity so warrants (e.g. assistance to dependants), the employer and the employee may agree to work on 1to May.
Other holiday worked
The work of holidays is provided for in the contract.
In the absence of a written contract, the parties agree, in writing, to work on a holiday. If there is no agreement, the holiday is not working.
Warning
the young worker between the ages of 16 and 18 cannot work on public holidays.
Disputes fall within the competence of the prud'homme council the place of residence of the individual employer.
- National Collective Agreement for Individual Employers and Home Employment of March 15, 2021Articles 132 to 137 (working hours), 138 (weekly rest), and 139 (public holidays)
FAQ
- Individual Employer: home help (personal services)Service-Public.fr
- Employee’s Pay Employed by an IndividualService-Public.fr
- Official site of the individual employer and employeeUrssaf National Fund (ex Acoss)
- Personal Services SiteMinistry of Finance