On-call duty, or astreinte in French, is a period during which an employee, without being at their workplace or at the immediate disposal of their employer, must be able to intervene for the company. The waiting period gives a right to compensation, financial or in rest. Call-out time, for its part, is actual working time, paid as such.
This article covers the legal definition, compensation, how on-call duty is set up, the rules on rest and notice, and the case of an IT consultancy (ESN) consultant on assignment at a client.
Article checked on 11 November 2026.
What is on-call duty?
On-call duty is a period when the employee stays at home or goes about their own business, but must be able to intervene for work on behalf of the company. They are neither at their workplace nor at the permanent and immediate disposal of the employer. That is what distinguishes it from standby on site, which is actual working time.
The definition is in article L. 3121-9 of the French Labour Code. It is found in IT outsourcing and support, maintenance, healthcare, energy and security.
| Situation | Classification |
|---|---|
| The employee is at home, reachable, ready to intervene | On-call duty |
| They intervene remotely or travel for an incident | Actual working time |
| They wait at their workplace, unable to leave | Actual working time |
When the constraints imposed during on-call duty prevent the employee from freely going about their own business, for example a very short response time, the period can be reclassified as actual working time by a judge.
Call-outs during on-call duty: actual working time
When the employee intervenes during on-call duty, the duration of the call-out is actual working time. It is paid as work, added to the hours of the week and can therefore generate overtime. The waiting period, without a call-out, is not part of it: it gives a right to the on-call compensation.
In practice, a two-hour call-out on a Saturday evening, for an employee who has already worked 35 hours that week, gives two hours of overtime at a premium. The calculation is detailed in our article on overtime pay.
On-call compensation: money or rest
Every on-call period gives a right to compensation, financial or in rest, even if the employee does not intervene. The law does not set the amount: it is provided for by the collective agreement that organises on-call duty, or failing that decided by the employer after consulting the works council (comité social et économique).
The most common forms:
- A flat fee per period: an amount per night, per weekend or per week of on-call duty.
- An hourly amount: a fraction of the hourly rate for each on-call hour.
- Rest: half a day or a day of rest for a week of on-call duty.
The compensation is added to the payment for call-outs, it does not replace it. Check your collective agreement, which may set the amount.
Setting up on-call duty: agreement or employer decision
On-call duty is set up by a company or establishment agreement, or failing that a sector agreement. This agreement sets how it is organised, how employees are informed, the notice periods and the compensation. Without an agreement, the employer sets it themselves, after consulting the works council and informing the labour inspectorate.
- With an agreement: it sets how on-call duty is organised, how employees are informed, the notice periods and the compensation (article L. 3121-11).
- Without an agreement: the employer sets the organisation and the compensation after consulting the works council and informing the labour inspector (article L. 3121-12).
- The notice period, without an agreement: 15 days, except in exceptional circumstances, and at least one clear day (article L. 3121-12). The individual schedule is given by any means that provides a certain date (article R. 3121-3).
On-call duty, daily rest and weekly rest
An on-call period without a call-out counts as rest for the employee: it is taken into account for the 11-hour daily rest and for weekly rest. Only call-out time is excluded. A call-out therefore interrupts that rest: check that the employee then gets their consecutive hours of rest again.
The rule is in article L. 3121-10. For a night on call followed by a working day, plan the schedule so that a late call-out does not deprive the employee of the next day's rest.
The monthly on-call summary
At the end of the month, the employer gives each employee concerned a document summarising the number of on-call hours worked in the past month and the corresponding compensation. It is an obligation under article R. 3121-2 of the French Labour Code, and it also serves as proof if pay is disputed.
The document lists the on-call periods, the call-outs and their duration, and the compensation paid or the rest granted (article R. 3121-2). It is easier to prepare if call-outs are recorded as they happen.
On-call duty for a consultant on assignment at a client
In an IT consultancy, on-call duty is often requested by the client: production support, monitoring, weekend maintenance. The consultant remains an employee of the consultancy, which organises the on-call duty, compensates it and pays for call-outs. Rebilling to the client depends on the service contract, not on employment law.
Three points to settle before the assignment:
- The contract with the client: does it provide for on-call duty, its rate per period and the call-out rate? Without a clause, the consultancy pays for on-call duty without being able to rebill it.
- The consultancy's collective agreement or, failing that, the employer's decision: does it organise on-call duty, and does the consultant's contract mention it?
- The CRA (monthly activity report): does it separate time-and-materials days, on-call periods and call-outs? See our article on the CRA (activity report).
In Marvin
Marvin does not manage on-call schedules or their compensation: they stay in your payroll tool. Marvin tracks the days of consultants on assignment: the consultant enters their days and absences in their own space, the client signs the CRA online with a one-time code via a secure link, and the day-rate invoice is prepared as a draft.
See Marvin's consultant space.
FAQ
What is on-call duty (astreinte)?
It is a period during which the employee, without being at their workplace or at the permanent and immediate disposal of their employer, must be able to intervene to carry out work for the company. It is defined in article L. 3121-9 of the French Labour Code.
Is on-call duty actual working time?
Not the waiting period. Only the duration of a call-out is actual working time: it is paid as such and can generate overtime. The on-call period itself gives a right to compensation, financial or in rest.
How much is the on-call allowance?
The law sets no amount. The compensation, in money or in rest, is set by the collective agreement that introduces on-call duty, or failing that by the employer after consulting the works council (CSE). Check your collective agreement and company agreements.
What notice is required for on-call duty?
The notice set by the collective agreement. Without an agreement, the employee must know their on-call schedule 15 days in advance, except in exceptional circumstances, and at least one clear day before. The information is given by any means that provides a certain date.
Do call-outs during on-call duty count as overtime?
Yes. The duration of a call-out is actual working time: it is added to the hours of the week. If the total exceeds 35 hours, the extra hours are overtime, paid at a 25% then 50% premium unless an agreement provides otherwise.
Is a consultant’s on-call duty billed to the client?
Only if the contract with the client provides for it. In time-and-materials work, the client pays days at the day rate; on-call duty requested by the client is billed separately, as a flat fee per period and call-out time, on the contract’s terms. Without a clause, the consultancy pays for it without being able to rebill it.