France
Verified figures: penalty quantum published and sourced against statute, regulator and case law.
Code du travail L3171-2 (individual decompte duty); L3171-4 (proof rule + 'fiable et infalsifiable' requirement); D3171-8 (daily/weekly records); R3173-3 (contravention penalty); L2242-17 (droit à la déconnexion, in force 2017); délit d'entrave (C. trav. L8112-1, obstruction offence for refusing CSE/inspectorate access); travail dissimulé; CJEU C-55/18 CCOO v Deutsche Bank. Verified against Code du travail (Légifrance) + Cass. Soc.
Where all staff share the same collective schedule (e.g. a uniform 35h week) no formal tracking tool is legally required. Where hours are individualised or staggered (L3171-2), the employer must keep daily and weekly individual decompte, available to the CSE (works council) and the labour inspectorate. Refusing to produce them is a délit d'entrave (criminal obstruction). The pivotal rule is L3171-4: where working time is counted by an automatic recording system, that system must be 'fiable et infalsifiable' (reliable and tamper-proof), a non-compliant system strips the employer's records of evidential value (Cass. Soc. 16 Feb 2022, n° 20-14.416). This is a statutory requirement for tamper-proof records; //AIRGAPT is literally the named property in the law.
Missing individual decompte = contravention under R3173-3. Refusing CSE/inspectorate access = délit d'entrave (criminal obstruction). Travail dissimulé (concealed work) is a separate serious offence with URSSAF recovery + criminal exposure. The dominant cost driver is the shared-burden proof rule (L3171-4, 'preuve partagée'): the employee presents sufficiently precise elements and the employer must then produce its own justifying the actual hours; where the employee brings a commencement de preuve and the employer has no reliable decompte, the employee's elements generally prevail (Cass. Soc. 18 Mar 2020, n° 18-10.919). For forfait-jours, proof of compliance with rest/workload limits rests on the employer, including in télétravail (télétravail does not defeat overtime counting). Confirm the current R3173-3 contravention amounts with the labour inspectorate for the exact quantum.
Employers in France are subject to the WTD working-time recording obligation and the CJEU C-55/18 standard requiring an objective, reliable, and accessible recording system. An editable HRIS export does not meet this standard. //AIRGAPT produces a hardware-signed, employer-unalterable evidence chain that is designed to meet it.
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