France: Requiring an Employee to be Reachable During a Professional Trip does not Necessarily Count as Working Time

An employee claimed that they were due overtime because, during professional trips, they were required to always be reachable.

On 13 March 2024, the French Supreme Court ruled that the fact that an employee was required to be reachable during a professional trip did not necessarily mean that the entire time spent by the employee on this trip could be qualified as working time and therefore giving rise to overtime.

However, the ruling may have been different if the employee had been called several times during such trip.

Key Action Points for Human Resources and In-House Counsel

Ensure that your policies do not require non-exempt employees to always be reachable during professional trips.