Whether you're employed part-time or full-time, you're probably familiar with the concept of overtime. However, few people are familiar with the equally important notion of additional hours.
HCR Overtime: Definition
When a part-time employee works beyond the duration stipulated in their employment contract, they work overtime.
If you work in a hotel, café, or restaurant, you are covered by part-time overtime. This does not apply to full-time employees. Instead, they may have overtime.
The number of HCR overtime hours depends directly on the number of hours worked per week or month. It is strictly regulated by the HCR collective agreement to prevent any type of abuse.
It is also important to know that the number of cumulative hours must not exceed the legal limit provided for by law. If you sign a part-time contract to work 25 hours per week, but end up working 30-hour weeks, then those extra 5 hours are considered overtime, unless your company signs a supplementary hours amendment, which is a very different concept.
If you are a full-time employee and sign a 42-hour contract in the restaurant industry, overtime is defined as the number added beyond those contractual hours.
HCR: Overtime and supplementary hours, what are the differences?
The hours Overtime only applies to part-time employees. Logically, the maximum weekly or monthly working time should not exceed 35 hours, otherwise you risk moving to a full-time schedule. In addition, the calculation of overtime meets several requirements, such as the impossibility of exceeding 10% of the total working time required by the contract, or one-third of the total time worked as stipulated by the HCR collective agreement.
For example, if you have a part-time contract with a total of 20 hours per week, you can work 2 hours of overtime. In fast food restaurants, cafes, and hotels, you can work approximately 6 hours more. This ensures that you do not exceed the legal limit for part-time work and comply with the specific rules governing overtime.
Overtime only applies to full-time employment contracts, i.e., those exceeding 35 hours per week. From a tax perspective, overtime and supplementary hours differ. The former are tax-exempt up to a limit of €5,000 per year, while the latter is limited to €7,500. Find all the specific rules that apply to overtime in HCR with Skello.
What is the maximum number of additional hours that an employee can work in HCR?
While the minimum number of part-time hours in HCR is well codified, the maximum number remains unclear and depends on two parameters.
First, the total weekly hours mentioned above must not exceed 35. Otherwise, the employee will be transferred to a full-time contract. Second, these additional hours must not exceed one-third of the number of hours stipulated in the contract.
For a person who works 30 hours per week, the maximum number of additional hours is therefore 5. The same applies to a person who works 27 hours.
However, if an employee works under the same additional hours scheme for 3 months in a row (or 4 months, including 3 months worked), the employer is entitled to change their contract. The person concerned will be notified at least one week in advance and will have the right to object.
Generally, employees prefer to maintain their contract and work overtime, as it is better paid.
Compensation for overtime in HCR
If you work less than 10% more hours than originally planned, the increase is 5%. If you exceed 10%, you will be entitled to increased compensation of 25%. With overtime, financial compensation is mandatory, unlike overtime, which can be compensated with time off.
To better understand, if your HCR part-time minimum-term contract provides for 20 hours per week at a salary of 11 euros per hour, but you end up working 22 hours per week, then you will be paid 220 euros (the base amount) and 243.1 euros in addition for the two additional hours. On the other hand, if you work 25 hours, you will receive, in addition to these 243.1 euros, compensation of 41.25 euros for the three hours exceeding 1/10 of the initially planned duration.
Overtime must be distinguished from supplementary hours, which is radically different. The latter consists of a predefined period of time during which a company's employees work longer hours without a pay increase. An additional hourly amendment will specify the number and duration of the additional work. It will be the subject of a joint agreement between the employer and employees. A company is entitled to draft up to eight amendments per year.
For HCR overtime, it's a completely different formula and there is a 25% increase up to a limit of eight hours. Beyond that, compensation of 50% in addition to the fixed hourly rate will be allocated. For more information on calculating overtime in catering, see our article.
Another alternative would be to benefit from compensatory rest equivalent to the number of hours worked beyond the contractually agreed duration. However, this replacement leave is not valid for all professions. For example, for a 39-hour-per-week contract with a salary of 11 euros/hour in the restaurant industry, overtime will be paid 14 euros for the first 8 hours and 18 euros thereafter.
Should HCR overtime hours be indicated on the pay slip?
The overtime hours of an HCR apprentice must be recorded on the pay slip. This also applies to any full-time employee who has worked beyond the contractual hours. However, there is one small exception. If you work in the restaurant industry and your overtime is not paid, then the compensatory rest time must be indicated on your pay slip.
Thus, 110% rest is allocated for the first 4 hours. It increases to 120% if 4 more hours are worked and to 150% for everything beyond that. On the contrary, if you are paid, then the standards cited above will be adopted and indicated on your pay slip to avoid any misunderstanding.
Such transparency has a triple purpose: it avoids any misunderstanding between the employee and the employer, helps labor inspectors verify the legality of the number of hours and their compensation, and also helps tax officials do their accounts.
