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Individual employer: working time of the employee employed at home
Verified 28 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
Time during which an employee or a public official is at the disposal of the employer or the administration and complies with its directives without being able to freely go about his personal activities
Corresponds to all calendar days in the calendar year, from 1er January to December 31, including public holidays or non-working days
Different times from one week to the next
Concerns the jobs of babysitter, childcare and life assistant
Hour of work during which the employee of an individual employer can use his time for himself while remaining vigilant to intervene if necessary
Hour of work during which the employee can sleep on the spot, in a separate room, without regular actual work, while being obliged to intervene, if necessary
Corresponds to the working time during which the employee is at the disposal of his employer. The employee must comply with his instructions and not go into personal occupations.
Working time during which the employee is required to stay close to the patient and does not have a separate room.
Non-working day
Additional cases ?
What is the length of time the employee of the individual employer is working? The duration of the work of the employees of the individual employer is expressly provided for in the collective agreement of the individual employers and of home employment. They are not dependent on the labor code. How is overtime counted? Can the employee work on a public holiday? We are taking stock of the regulations.
What applies to you ?
The working time regulations for employees working from home are specific to the fields of activity.
Babysitter, babysitter(s), life assistant
The areas of activity for children and adults concern the jobs of babysitter, childcare or life assistant.
The length of work of the employee of the individual employer differs according to the age of the employee.
General case
The hours of work indicated in the collective agreement are 40 hours per week for an employee at full-time.
The employee who is employed at home makes hours of actual work.
Maximum duration of work
In the case of regular working hours, the maximum working time is
- 50 hours in a week
- 48 hours on average over 12 consecutive weeks
In the event of irregular working hours, this duration is between 0 and 48 hours per week.
Please note
in the case of shared custody, the duration of the employee's work shall be the total of the hours worked at the home of one and/or the other individual employer, as laid down in the employment contract.
The duration of work is said to be "regular" in any of the following :
- Contract providing for a fixed weekly working time
- Successive and/or recurring periods of work according to the schedule laid down in the contract
In other cases, the duration of work is said to be "irregular". The employer must then communicate the working hours in writing to the employee within a time limit of 5 calendar days.
Warning
the provisions on hours of work and part-time work laid down in the labor code are not applicable.
Young worker aged 16-18
The weekly working hours of young workers aged between 16 and 18 may not exceed 35 hours.
Please note
in the case of shared custody, the duration of the employee's work shall be the total of the hours worked at the home of one and/or the other individual employer, as laid down in the employment contract.
The duration of work is said to be "regular" in any of the following :
- Contract providing for a fixed weekly working time
- Successive and/or recurring periods of work according to the schedule laid down in the contract
In other cases, the duration of work is said to be "irregular". The employer must then communicate the working hours in writing to the employee within a time limit of 5 calendar days.
Warning
the provisions on hours of work and part-time work laid down in the labor code are not applicable.
Yes, an employee employed at home may work more hours than those provided for in his contract of employment.
As long as they do not exceed 40 hours of work per week, they are considered normal hours.
Please note
in the case of shared custody, hours worked beyond the common contractual timetable to the 2 employers may be supplemented by hours of single duty requested by 1 employer.
Yes, the employee of the individual employer may work overtime.
The hours worked more than 40 hours per week, are overtime.
An employee of the individual employer may work regular hours or irregular hours.
Regular times
Overtime work is that performed beyond the duration of 40 hours of actual weekly work.
They count each week from Monday at 00:00 to Sunday at 24:00.
Irregular schedules
Overtime is that worked beyond an average of 40 hours of actual weekly work over 8 consecutive weeks.
Shared custody
Overtime work is that performed when the total number of hours of actual work exceeds 40 hours per week.
Warning
young workers between the ages of 16 and 18 cannot work overtime.
For babysitter, childcare or life assistant jobs, some working hours are specific.
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Hours of responsible day time
Employee Occupant a position in the fields of child and adult activities may carry out responsible daytime hours.
The hours of responsible daytime attendance must be stipulated in writing in the contract.
The hours of responsible day time are not not applicable in the case of shared custody.
1 hour of responsible day presence equals 2/3 of 1 actual working hour (40 minutes).
Example :
An employee works 40 hours of work, including 24 hours of responsible attendance. Its duration of actual work is then 32 hours corresponding to 16 hours + 16 hours (24 hours of responsible presence x 2/3).
Hours of presence at night
The employee occupying one of these positions may hours of night time.
The time slot is between 8:00pm and 6:30am. An agreement between the employer and the employee may postpone this time by 1 hour 30 minutes.
It may not exceed 12 consecutive hours. Night hours are compatible with daytime use.
The night presence can be scheduled for more than 5 consecutive nights if the cumulative conditions the following are respected:
- Respect for weekly rest
- Maximum of 4 Nighttime interventions performed by the employee every night
- Request made by the employee and/or the individual employer to meet specific needs requiring a presence at night (e.g. health condition, dependency, disability)
- Agreement of the Parties in writing
The hours of night presence shall not be taken into account in determining the duration of actual work.
If every night, the employee shall take action at the minus 4 times, night-time attendance shall be renamed to actual work and the employment contract needs to be reviewed.
Hours of sick overnight care
An employee occupying a position of employment in the fields of adult activities may carry out hours of sick night shift.
Sick night shift hours are not compatible with a full-time day job and may not exceed 12 consecutive hours.
The hours of sick overnight care must be laid down in writing in the contract.
Ori, the employee is entitled to a weekly rest period, the duration of which differs according to the age of the employee.
General case
The employee shall be entitled to a weekly rest period ofa minimum of 35 consecutive hours.
The contract must include the usual weekly day of rest. It is preferably served on Sundays.
Young worker aged 16-18
A young worker aged between 16 and 18 is entitled to at 36 consecutive hours rest per week, including Sunday.
Yes, an employee of the individual employer may work on certain public holidays. The rules are different between the 1er May and other public holidays.
May 1
The 1er east may obligatory unemployed person and paid if it falls on a day usually worked.
However, if the nature of the activity warrants it (e.g. support for dependent persons), the employer and the employee may agree to work on 1er May.
Other holiday worked
The work of public holidays is provided for in the contract.
In the absence of a written contract, the parties shall agree, in writing, for the work of a public holiday. If there is no agreement, the holiday is non-working day.
Warning
young workers aged between 16 and 18 cannot work on public holidays.
In the event of a dispute, the individual employer and the employee may to refer the matter to the labor council the place of residence of the individual employer.
Other employment
These include home maintenance, administrative assistance, DIY work and gardening.
The length of work of the employee of the individual employer differs according to the age of the employee.
General case
The hours of work indicated in the collective agreement are 40 hours per week for a full-time employee.
The employee who is employed at home makes hours of actual work.
Maximum duration of work
In the case of regular working hours, the maximum working time is:
- 50 hours over 1 week
- 48 hours on average over 12 consecutive weeks
In the event of irregular working hours, this duration is between 0 and 48 hours per week.
Please note
where the employee has more than one employer, he shall ensure that the maximum working time per week is respected. He shall inform them of any risk of overtaking.
The duration of work is said to be "regular" in any of the following :
- Contract providing for a fixed weekly working time
- Successive and/or recurring periods of work according to the schedule laid down in the contract
In other cases, the duration of work is said to be "irregular". The employer must then communicate the working hours in writing to the employee within a time limit of 5 calendar days.
Warning
the provisions on hours of work and part-time work laid down in the labor code are not applicable.
Young worker aged 16-18
The weekly working hours of young workers aged between 16 and 18 may not exceed 35 hours.
Please note
where the employee has more than one employer, he shall ensure that the maximum working time per week is respected. He shall inform them of any risk of overtaking.
The duration of work is said to be "regular" in any of the following :
- Contract providing for a fixed weekly working time
- Successive and/or recurring periods of work according to the schedule laid down in the contract
In other cases, the duration of work is said to be "irregular". The employer must then communicate the working hours in writing to the employee within a time limit of 5 calendar days.
Warning
the provisions on hours of work and part-time work laid down in the labor code are not applicable.
Yes, an employee employed at home may work more hours than those provided for in his contract of employment.
As long as they do not exceed 40 hours of work per week, they are considered normal hours.
Yes, the employee of the individual employer may work overtime.
The hours worked beyond 40 hours per week, are overtime.
An employee of the individual employer may work regular hours or irregular hours.
Regular times
Overtime work is that performed beyond the duration of 40 hours of actual weekly work.
They count each week from Monday at 00:00 to Sunday at 24:00.
Irregular schedules
Overtime is that worked beyond an average of 40 hours of actual weekly work over 8 consecutive weeks.
Warning
young workers between the ages of 16 and 18 cannot work overtime.
Yes, the employee shall be entitled to a weekly rest period ofa minimum of 35 consecutive hours.
The contract must include the usual weekly day of rest. It is preferably served on Sundays.
Please note
Young workers aged between 16 and 18 are entitled to 36 hours consecutive rest periods per week, including sunday.
Yes, an employee of the individual employer may work on certain public holidays. The rules are different between the 1er May and other public holidays.
May 1
The 1er east may obligatory unemployed person and paid if it falls on a day usually worked.
However, if the nature of the activity warrants it (e.g. support for dependent persons), the employer and the employee may agree to work on 1er May.
Other holiday worked
The work of public holidays is provided for in the contract.
In the absence of a written contract, the parties shall agree, in writing, for the work of a public holiday. If there is no agreement, the holiday is non-working day.
Warning
young workers aged between 16 and 18 cannot work on public holidays.
In the event of a dispute, the individual employer and the employee may to refer the matter to the labor council the place of residence of the individual employer.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Articles 132 to 137 (hours of work), 138 (weekly rest), and 139 (public holidays)
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