Working on Sundays, at night and on public holidays

Certain activities may, by their very nature, operate on Sundays without prior authorization.

These include:

• Businesses whose operation or opening is required due to production constraints, business activity or the needs of the public.
• Food retail businesses.

In these situations, the weekly rest period is not suspended but organized differently. It is allocated on a rotating basis among employees.

There is no increase in salary unless a collective agreement states otherwise.

A collective agreement or business agreement may regulate Sunday working in industrial firms.

These agreements allow for either:

• Continuous work operations for economic reasons.
• Or the implementation of relief teams to replace the team off work on Sundays.

In the absence of a collective agreement, an exception may be granted by the labor inspector following consultation with union representatives and the Social and Economic Committee (CSE).

When these provisions are included in the employment contract, they are binding on the employee.

Administrative authorities may authorize Sunday working in certain exceptional circumstances.

The Prefect may authorize Sunday working when a cessation of activity would be detrimental to the public or the operation of the establishment.

The Prefect therefore provides an alternative to Sunday as the weekly day of rest.

Only employees who volunteer and have given their written consent to their employer may work on Sundays under this provision.

The mayor may also authorize businesses to open up to twelve Sundays per year, particularly in retail. In this case, only volunteers may work.

Each employee concerned then receives at least double pay and equivalent compensatory time off.

Sunday work is also permitted in certain areas characterized by high levels of economic or tourist activity.

These include tourist areas, commercial zones, international tourist areas and some major train stations. In these areas, weekly rest days are allocated on a rotating basis to ensure business continuity.

Only employees who volunteer and have given their written consent to their employer may work on Sundays under geographically specific exemptions.

For further information, please visit the page dedicated to exemptions to Sunday work.

Any work performed during a period of at least nine consecutive hours, including the time between midnight and 5:00 am, is considered night work. This night work period begins no earlier than 9:00 pm and ends no later than 7:00 am.

For certain activities, the duration of night work is:

• At least 7 consecutive hours, including the time between midnight and 5:00 am, for certain production activities (press, radio, television, etc.).
• At least 7 consecutive hours, including the time between midnight and 7:00 am, if the work period begins after 10:00 pm, for certain retail establishments.

Night work is generally prohibited for young workers under 18 years of age, except in special circumstances.

An employee is considered a night worker if they regularly work hours during night-time hours.

Two situations qualify them as such:

• The employee works at least three hours at night, at least twice a week.
• The employee works a minimum number of night hours over a reference period, generally set at 270 hours over twelve months, as defined by an extended collective bargaining agreement.

The use of night work must remain exceptional. It must be justified by the need to ensure the continuity of economic activity or essential public services.

It is implemented primarily through a collective agreement, which defines the conditions, compensation and guarantees offered to employees.

In the absence of an agreement, the employer may request authorization from the labor inspectorate, provided that serious negotiations have been initiated to establish an agreement.

Night work hours are regulated to limit their impact on health:

• The daily duration of night work may not exceed 8 consecutive hours, except as provided for in a collective agreement or in exceptional circumstances after authorization from the labor inspectorate.
• The average weekly working hours may not exceed 40 hours, with the possibility of extending them to 44 hours over 12 consecutive weeks if an agreement so provides.

In case of emergency, the employer may, under their own responsibility, exceed the maximum working hours to carry out urgent work to organize rescue operations, prevent imminent accidents or repair damage to equipment, installations or buildings.

Night work entitles employees to specific allowances.

Employees are entitled to compensatory rest. Compensatory wages may also be provided for in a collective agreement.