The national collective agreement for hotels, cafés and restaurants (HCR) is the reference for employees working in the restaurant industry. It contains precise provisions for the calculation, remuneration and increase of overtime.
Widely used throughout the industry, overtime must be controlled to ensure the proper management of one's establishment.
In this article, we answer all your questions about the famous "overtime", so important in the restaurant industry: calculation method, maximum number of overtime hours per year in the restaurant industry, rate of overtime and legislation.
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What is overtime?
Overtime is time worked in addition to and outside of an employee's legal working hours (i.e. 35 hours per week). The employee is often paid at a higher hourly rate, known as the overtime rate.Â
However, depending on the field of activity, specific provisions may be established by agreement, particularly in the hotel, restaurant and cafe sector.
The HCR collective agreement - hotels, cafés restaurants - dated April 30, 1997 establishes specific rules concerning overtime worked by employees.
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How does overtime pay work in the restaurant industry?
If employees work more than 35 hours per week, overtime premiums apply:
- 10% between the 36th and 39th hour
- 25% between the 40th and 43rd hour
- 50% for all hours worked beyond
It is important to note that overtime must be paid at the end of the month in which it was worked. The number of hours and the rate of increase must also be indicated on the pay slip.
If you work in the HCR industry, you can benefit from a working time arrangement, which allows you to count overtime over a longer period. The corresponding increases are as follows:
- 10% for hours worked between the 1607th and the 1790th hour of work over the year
- 20% for hours worked between the 1791st and 1928th hour
- 25% for hours worked between the 1929th and 1973rd hour
- 50% for hours worked beyond the 1974th hour
Note: overtime or additional hours can only be worked after an explicit request from the employer. If the employer does not make the request, the workers cannot claim compensation for hours worked outside their normal working hours.
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What is overtime?
If you work in the restaurant industry on a part-time basis, you may have heard of"HCR overtime".Â
In fact, only full-time employees in the restaurant industry are affected by overtime. Part-time workers, on the other hand, can work additional HCR hours, but under certain conditions.
If you work part-time, you probably know that your contract provides for fewer than 35 hours per week.
But what happens if you work more hours than your contract calls for?
If you work more than 35 hours per week, even occasionally, you risk having your contract reclassified as a full-time contract. This is why the hours you work in addition to your part-time contract are called "complementary hours" and are increased.
However, there are exceptions to this rule.
For example, if you work under a company agreement or if you benefit from a modulation of your working time, you can work more than 35 hours without risking the requalification of your contract.
It is important to note that these exceptions must be used with caution and that you must always ensure that you are complying with the terms of your employment contract.
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What are the overtime rules in the HCR sector?
The annual HCR overtime limit
If you work overtime, it will be deducted from the maximum number of overtime hours you can work, which is 360 hours per year according to the HCR agreement.
However, if this overtime limit is exceeded, you must be granted mandatory time off in lieu.
It is possible to exceed the overtime quota with the agreement of staff representatives. However, in this case, the compensatory rest granted in return may not be less than :
- 50% of hours worked outside the quota* (company with less than 20 employees)
- 100% of hours worked outside the quota (companies with more than 20 employees)
*Contingent: limit of overtime
These rules were adopted to protect the rights of employees and maintain a balance between their professional and personal lives.
HCR overtime is calculated on the actual hours worked
There is another important rule about HCR overtime that is often overlooked: overtime is calculated on actual hours worked.Â
This means that hours of paid leave or sick leave are not considered as actual work.
It is important to understand this rule to avoid confusion and unfairness in your restaurant.
👉 Going further: 4-day week: miracle solution for the restaurant industry?
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What is Replacement Compensatory Rest (RCR)?
‍Compensatory Time Off (CTR) is a measure put in place to allow employees to recover overtime hours they have worked without being paid in cash.
This measure gives them the opportunity to take time off in exchange for the overtime worked. The time off offered is determined by the amount of overtime worked and can be taken at a time agreed upon by the employee and the employer.
CPR is a very convenient option for employees to relax and recharge after working overtime. It helps maintain a work-life balance, while offering the opportunity to recover from overtime without being paid in cash.
Note that the CPR is regulated by collective agreements or labor agreements and is governed by the French Labor Code. This means that employers must respect the rules in force and offer their employees the possibility of taking advantage of this measure.
👉 Going further: what is the legal working time in the restaurant industry?
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