Understanding the 39-hour contract: legal duration and organization of working time
The 39-hour contract means that the employee works 39 hours per week, which is 4 hours more than the legal duration set at 35 hours. This full-time organization is often adopted in sectors such as hospitality or industry, responding to the needs for flexibility and increased workload.
- The contract establishes a weekly working duration of 39 hours.
- The 4 additional hours are officially integrated into the contract and compensated with a premium.
- It corresponds to a total of approximately 169 hours monthly, calculated according to the formula: 39 hours × 52 weeks ÷ 12 months.
- Typical working days are organized into 7.8 hours over five days.
- The implementation complies with the legislation governing the maximum weekly duration, which is set at 48 hours.
For example, in an industrial SME, a worker may be hired under a 39-hour contract that anticipates the regular performance of 4 additional hours each week, compensated according to labor law. The employer must clearly indicate this duration in the contract.
| Working time | Duration in hours per week | Monthly calculation base (hours) |
|---|---|---|
| Legal duration | 35 | 151.67 |
| 39-hour contract | 39 | 169 |
The distinction between normal hours and additional paid hours
The first 35 hours are referred to as normal hours, while the additional 4 weekly hours are classified as overtime. Labor law imposes a mandatory increase of at least 25% for these overtime hours. This principle aims to value the commitment and time spent by the employee beyond the legal framework.
- Normal hours: 35 hours weekly paid at the base hourly rate.
- Overtime: 4 additional hours weekly increased by at least 25%.
- Payment can be made either through an increase or through compensatory time off, depending on the company agreement.
- These hours are accurately accounted for to ensure compliant payment.
For example, an employee paid at the minimum wage of €11.88 gross will see their overtime compensated at a minimum of €14.85 gross. This calculation distinctly reflects on the payslip for total transparency.
| Type of hours | Number of weekly hours | Increase rate | Gross hourly rate (SMIC 2025) |
|---|---|---|---|
| Normal hours | 35 | 0% | €11.88 |
| Overtime | 4 | +25% | €14.85 |
How is compensation calculated in a 39-hour contract?
The compensation of a 39-hour contract combines the pay for normal hours with that for the additional paid hours. The latter, which must be included, increase the flat monthly salary.
- The gross monthly salary = (35 hours × hourly rate) + (4 hours × increased hourly rate) multiplied by 52 weeks, divided by 12 months.
- An employee on the minimum wage thus receives approximately €2,059 gross per month in a 39-hour contract.
- On the payslip, the compensation for overtime must be detailed to ensure visibility.
- Some sectors or agreements may offer an increase greater than 25% according to the company agreement.
For example, in a company in the hotel sector, the monthly flat rate includes these additional hours, simplifying payroll management while complying with labor law.
| Elements | Calculation | Monthly gross amount (€) |
|---|---|---|
| Normal hours (35h) | 35 × €11.88 × 52 ÷ 12 | €1,683.70 |
| Overtime (4h increased 25%) | 4 × €14.85 × 52 ÷ 12 | €375.50 |
| Total | €2,059.20 |
RTT days: a key advantage of the 39-hour contract
As compensation for the additional working time, the employee benefits from RTT days (Reduction of Working Time). These days compensate for hours beyond the 35 hours and promote a balance between professional and personal life.
- The average number of RTT days can reach about 24 days per year according to collective agreements.
- They are taken with the employer’s agreement, respecting service needs.
- Notification rules are strict: a reasonable request cannot be denied without valid reason.
- These days facilitate the management of compensatory time off and prevent excessive fatigue.
For example, a tertiary sector company offering a 39-hour contract may grant additional RTT, which retains employees and improves their quality of life.
| Aspect | Description |
|---|---|
| Number of RTT | On average 24 days per year |
| Types of compensation | Compensatory time off or salary increase |
| Timeframe for taking | According to company agreement, often within 2 months |
Major differences between 35-hour contract and 39-hour contract
The most obvious difference is the weekly working time, but it leads to several impacts on rights, remuneration, and lifestyle:
- Duration: 35h versus 39h per week.
- Remuneration: the 39-hour contract offers a higher gross monthly salary of approximately €300 to €400.
- Right to RTT: only employees on a 39-hour contract generally have the right, as 35 hours do not provide automatic RTT days.
- Work time arrangement: the flexibility of RTT allows for better management of rest throughout the year.
- Work-life balance: the 35-hour contract favors more free time, while the 39-hour offers a financial advantage.
For illustration, an administrative employee on a 35-hour contract will enjoy more free evenings, while a technician on a 39-hour contract will receive a higher salary but with a longer workweek.
| Characteristic | 35-hour contract | 39-hour contract |
|---|---|---|
| Weekly duration | 35h | 39h |
| Average gross remuneration | ≈ €1,700 | ≈ €2,050 |
| Right to RTT | No systematic | Yes, about 24 days/year |
| Free time | More significant | Reduced |
The legal framework and the rights of the employee under a 39-hour contract in 2025
The legal framework is based on Article L3121-27 of the Labor Code, which sets the legal duration at 35 hours, defining any hour exceeding this threshold as overtime with an increase. The employer must scrupulously respect these rules to avoid any disputes.
- The annual limit for overtime is capped at 220 hours, except under specific agreement.
- The maximum working durations remain set at 48 hours weekly and 44 hours on average over 12 weeks.
- The employee can refuse a transition to 39 hours unless an explicit agreement is signed.
- The mandatory rest periods: 11 hours between two working days and 24 consecutive hours per week.
A company wishing to exceed the cap must go through a process involving worker representatives and labor inspection.
| Rule | Legal value |
|---|---|
| Legal working duration | 35 hours per week |
| Maximum working duration | 48 hours maximum per week |
| Annual cap for overtime hours | 220 hours |
| Minimum daily rest time | 11 hours |
Employer obligations and employee rights under a 39-hour contract
The employer must formalize the duration of 39 hours in the contract, ensure the remuneration for additional paid hours, and allow the exercise of related rights such as RTT. For their part, the employee must respect their hours and can request to see their hour count.
- Clear writing of the duration in the contract or amendment.
- Implementation of a reliable hour tracking system.
- Compliance with the mandatory increase for overtime hours.
- Employee’s right to refuse or negotiate the transition to 39 hours.
- Consultation of employee representatives before establishing the contract.
For example, in an SME wanting to increase its working hours, a company agreement signed with delegates facilitates the establishment of the 39-hour contract and ensures transparency.
| Party | Obligations / Rights |
|---|---|
| Employer | Written formalization, increased pay for overtime, hour tracking, respect for rest |
| Employee | Respect for hours, request for hour visibility, right to refuse transition to 39 hours |
Practical organization of working time and adaptation to the 39-hour contract
To effectively manage a 39-hour contract, it is necessary to adapt work planning to balance efficiency and well-being. This may require a gradual adjustment to avoid excessive fatigue.
- Distribution of hours throughout the week with regular breaks.
- Strict compliance with mandatory rest periods.
- Clear communication between employee and employer to anticipate spikes in activity.
- Possibility of flexible hours in certain collective agreements.
- Specific adaptation in sectors with high seasonality like hospitality.
In practice, a chef under a 39-hour contract may, for example, have more flexible hours at the beginning of the week and a heightened workload on busy days, while also benefiting from their RTT days.
| Criterion | Application |
|---|---|
| Hourly planning | 7.8 hours/day over 5 days |
| Mandatory rest | At least 11 consecutive hours |
| Managing spikes | Flexibility and communication |
| RTT | Pending according to company agreement |
The advantages and disadvantages of the 39-hour contract for employees
This type of contract presents clear benefits such as increased salary, but also involves a higher workload. It is essential to evaluate one’s priorities before choosing this way of working.
- Advantages: higher remuneration, RTT days, better salary prospects, and sometimes additional social benefits.
- Disadvantages: high workload, risk of fatigue, potential difficulties in balancing personal and professional life.
- Choice often dictated by the financial or personal needs of the employee.
- The consideration of rest days and RTT alleviates the workload.
- It is possible to negotiate in case of changes or partial termination of the contract.
A person with significant family projects will often prioritize a 35-hour contract, while another wishing to maximize their earnings will prefer the 39-hour option, taking advantage of RTT days to balance their work-life.
| Aspect | Advantages | Disadvantages |
|---|---|---|
| Remuneration | Higher due to increased overtime pay | More significant hourly workload |
| Free time | Additional RTT days | Less free time during the week |
| Flexibility | Possibility of flexible hours | Adjustment necessary for spikes in activity |
What is a 39-hour contract?
It is a full-time employment contract where the employee works 39 hours per week, which is 4 hours more than the legal duration of 35 hours, with increased pay for these additional hours.
How are additional hours compensated in a 39-hour contract?
The additional hours, or the 4 hours beyond 35 hours, benefit from a pay increase of at least 25%, in accordance with labor law, and are included in the monthly remuneration.
Can I refuse a transition from 35h to 39h?
Yes, the employee has the right to refuse a modification of their contract, including the increase in working time, unless there is an explicit prior agreement between both parties.
What are RTT days and how are they calculated in a 39-hour contract?
RTT days compensate for the additional hours worked beyond 35 hours. Their number depends on company agreements but typically hovers around 24 days per year.
What are the rights and obligations of the employer regarding the 39-hour contract?
The employer must formalize the working hours, pay for additional hours with the required increase, accurately track hours worked, and comply with mandatory rest times.