The mere fact that the employer has not given his explicit or implicit consent to the performance of overtime cannot be sufficient to exempt him from the payment of overtime worked by his employee.

Indeed, the Court of Cassation considers that if an employee works overtime because of the amount of work imposed by his employer, these overtime hours must be paid by the employer.

Court of Cassation, Social Chamber, 14 November 2018, No. 17-20.659

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