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France - Working time - 2012


SOURCES


Name of Act

Labour Code (Code du Travail), No. 73-4 dated 2 January 1973, Journal Officiel, 1973-01-03, consolidated version of 9 November 2009
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Name of Act

Decree No. 2004-1381 regarding the fixing of annual overtime work, consolidated version, 22 December 2004

Other source used

Collective Agreement Regarding Domestic Workers, of 24 November 1999 extended by decree of 2 March 2000 (JO of 11 March 2000).

LEGAL DEFINITIONS


Working time/working hours

The period during which workers are at the disposal of the employer and comply with its orders.
Labour Code § L3121-1

Overtime/overtime work

Overtime work is the work accomplished above the legal statutary hours limit.
Labour Code § L3121-15

Part-time work(er)

Workers whose working hours are less than legal normal hours or, where they are lower than the legal hours, less than the hours collectively agreed in his or her branch or enterprise or applicable in his or her establishment.
Labour Code § L3123-1

Night work(er)

All work between 21 :00 and 6 :00.
Another period of 9 consecutive hours between 21:00 and 7:00 which includes the interval between 24:00 and 5:00, can be substituted for this period by a collective agreement or an enterprise or establishment agreement.
A worker who, at least twice a week, according to his or her ordinary normal hours, works at least three hours of night work or who during a reference period performs a minimum number of hours at night in accordance with an agreement.
Labour Code §§ L 213-11, L3122-29, L3122-31

Domestic worker

Domestic worker is a worker who performs whether part-time or full-time work in a private house.
Collective Agreements Regarding Domestic Workers § 1

Young worker

Young workers under the age of 18 years.
Labour Code § L3161-1

NORMAL HOURS LIMITS


Daily hours limit


General limit

Daily working time for each employee cannot exceed 10 hours. Certain exceptions can be conceed by decree.
Labour Code § L3121-34
Historical data (year indicates year of data collection)
  • 2009: No normal hours limit. Maximum limit 10 hours.
  • 2007: No normal hours limit Maximum limit 10 hours

Special categories


» Night work

The duration of work during night work cannot exceed 8 hours.

EXCEPTIONS
A higher limit can be authorized by collective agreements or in exceptional circumstances by the labour inspectorate.
Labour Code § L3122-34

» Young workers

Young workers cannot be employed for more than 8 hours per day or 35 hours per week.
Exceptions to this provision can be conceeded by the labour inspector to the limit of 5 hours per week, after consultation with a medical doctor from the work place.
Labour Code §L3162-1

Weekly hours limit


General limit

The weekly effective working time for each worker shall be of 35 hours per civil week.
Labour Code § L3121-10
Historical data (year indicates year of data collection)
  • 2009: 35 hours.
  • 2007: 35 hours
  • 1995: 39 hours.

Exceptions

Employers can introduce individualized hours, where the enterprise committee and staff representatives are not opposed and the labour inspector and competent government authority have been informed. In enterprises that do not have staff representatives, individual hours can be authorized by the labour inspector on agreement with the staff.

Managers are not covered by the general provisions on working time.

Sectoral or company collective agreement can introduce hours averaging scheme, which allow for the averaging of weekly working time up to a reference period of 1 year. The weekly working hours cannot exceed 48 hours. The average hours within a period of 12 weeks cannot exceed 44 hours.
Labour Code §§ L 3121-35, L 3121-36, L3122-2, L3122-23, L3122-24, L3111-2

Special categories


» Night work

The weekly working time for night work cannot exceed 40 hours on average over a 12 week period.
Labour Code §L3122-35

» Young workers

Young workers cannot be employed for more than 8 hours per day or 35 hours per week.
Exceptions to this provision can be conceeded by the labour inspector to the limit of 5 hours per week, after consultation with a medical doctor from the work place.
Labour Code §L3162-1

» Domestic work

The conventional weekly working time is of 40 hours for a full-time worker.
Collective Agreements Regarding Domestic Workers §15(a)

» Disabled workers

Disables workers benefit, if they request, from flexible working hours that fit their needs.
Labour Code §L3122-26

OVERTIME WORK


Criteria for overtime

Hours worked above the statutory number of hours.
A collective agreement or a decree can set the limits for overtime work.
Labour Code §L3121-11, L3121-15

Worker`s influence

The employment contract must state the limits within which part-timers can work additional hours beyond those specified in the contract.

Additional hours cannot have the effect of raising the working hours of part-time workers to the level of the legal or collectively agreed duration of work.

Refusal to work additional hours proposed by the employer beyound thie limits fixed by the contract does not constitute a fault or a reason for dismissal and nor does, below these limits, when the worker is informed less than three days before the additional hours should be worked.
Labour Code §§ L3123-17, L3123-20

Limits on overtime hours


General limits

220 hours per year (in the absence of a collective agreement stipulating otherwise)

Daily maximum limit (including overtime) of 10 hours
Weekly maximum limit (including overtime) of 48 hours.
Labour Code §§ L3121-34 ; L.3121-35
§ D3121-14-1
Decree on overtime work § 1
Historical data (year indicates year of data collection)
  • 2009: 220 hours per year (in the absence of a collective agreement stipulating otherwise) Daily maximum limit (including overtime) of 10 hours Weekly maximum limit (including overtime) of 48 hours.
  • 2007: 220 hours per year Daily maximum limit (including overtime) of 10 hours Weekly maximum limit (including overtime) of 48 hours.
  • 1995: Maximum, including overtime: 12 hours per day; 48 hours per week. 130 hours per year, without authorization of Labour Inspectorate.

Restrictions/exceptions

A limit higher or lower than the statutory hour limit can be specified by a collective agreement.
Labour Code § L3121-11-1

Compensation for overtime work


Overtime rate(s)

Increase of not less than 10%, as determined by a collective or enterprise agreement.
Where there is no collective agreement, increases of 25% (first 8 overtime hours) and 50% (subsequent hours) apply.
Labour Code § L3121-22
Historical data (year indicates year of data collection)
  • 2009: Increase of not less than 10%, as determined by a collective or enterprise agreement. Where there is no collective agreement, increases of 25% (first 8 overtime hours) and 50% (subsequent hours) apply.
  • 2007: Increase of not less than 10%, as determined by a collective or enterprise agreement. Where there is no collective agreement, increases of 25% (first 8 overtime hours) and 50% (subsequent hours) apply.
  • 1995: 25% premium for the first 8 hours of overtime in a week. 50% thereafter.

Compensatory rest

A collective agreement or an enterprise agreement can provide for the replacement of all or part of the overtime payment by an equivalent rest period.
Labour Code § L3121-24

Notice of requirement to work overtime


Exceptions

Managers are not covered by the general provisions on working time.
Labour Code § L3111-2

Special categories


Domestic work

The salary is increased by 25 % for the first 8 hours of extra time and 50% increased for the overtime exceeding 8 hours.

When working regular overtime (exceeding 40 hours a week) the increased salary for overtime work is applicable for the hours effectively worked. For irregular overtime the increased salary for overtime is applicable if the hours worked exceed 40 hours in one trimester.

Overtime cannot exceed 8 hours per week in a period of 12 weeks and cannot exceed 10 hours in one week.
Collective Agreements Regarding Domestic Workers § 15

Part-time work

Part-timers can work additional hours up to 10% of the weekly or monthly hours that are specified in the employment contract, to the limit of the legal or collectively agreed normal hours of full-time workers.

Collective or workplace agreements can extend this limit up to one-third of the hours specified in the contract. In this case, the additional hours must be paid at a 25% premium rate.

Part-timers’ employment contracts must specify the limits within which they can work beyond their normal hours.

The additional hours cannot have the effect of raising their working hours to the level of the legal or collectively agreed normal hours.

Part-timers are entitled to refuse to work additional hours. They can also refuse to work additional hours when they are informed less than three days before they would be worked.
Labour Code §§ L3123-17 , L3123-18, L3123-19, L3123.20

SCHEDULES

A decree shall establish the division and organization of the work schedule.
Labour Code SL3122-46

REST PERIODS


Rest breaks


General provisions

A minimum of 20-minute break after no more than 6 hours of work, unless more favourable conditions are established in agreements.
Labour Code § L3121-33
Historical data (year indicates year of data collection)
  • 2009: A minimum of 20-minute break after no more than 6 hours of work, unless more favourable conditions are established in agreements.
  • 2007: A minimum of 20-minute break after no more than 6 hours of work, unless more favourable conditions are established in agreements.
  • 1995: No generally applicable provisions.

Exceptions

Managers are not covered by the general provisions on working time.
Labour Code § L3111-2

Special categories


» Night work

Rest breaks shall be defined by decree.
However, as an exception, collective agreements or establishment agreements will apply when they exist.
Labour Code §§ L3122-46, L3122-47

» Young workers

Once the daily working time for young workers exceeds four and a half hours, they are entitled to at least 30 minutes break.
Labour Code §L3162-3

Daily rest periods


Duration

Every worker is entitled to at least 11 consecutive hours of rest per day.
Labour Code §L3131-1
Historical data (year indicates year of data collection)
  • 2009: At least 11 consecutive hours per day.
  • 2007: At least 11 consecutive hours per day.
  • 1995: No generally applicable provisions.

Exceptions

Daily rest may be derogated by collective agreements in accordance with a decree, notably regarding activities characterised by the need to ensure continuity of service or by periods of divided intervention.
Labour Code §L3131-2

Special categories


» Young workers

Young workers under 18 years of age who perform shift work are entitled to at least 12 consecutive hours of daily rest or 14 hours if they are under 16 years of age.
Labour Code § L3164-1

Weekly rest periods


Weekly rest periods


Duration

Weekly rest period should be of at least 24 consecutive hours, added the daily rest periods foreseen above.
A worker cannot be employed more than 6 days a week.
Labour Code §L3132-1, L3132-2

Duration


» Exceptions

Collective agreements can provide that industrial enterprises which function with the aid of staff composed of 2 groups of which one has the sole function of replacing the other during rest days can allow for the weekly rest day to be a day other than Sunday.

When a simultaneous rest period for all the staff of an establishment on a Sunday would be prejudicial to the public or compromise the normal functioning of the establishment the day o rest can be given:
(1) on another day, for all staff;
(2) midday on Sunday to midday on Monday;
(3) after midnight on Sunday, with a compensatory rest period of one day;
(4) in rotation, for all or part of the staff.

In tourist areas, weekly rest can be given in rotation for all or part of the staff, during tourist periods, in retail establishments that offer to the public goods and services that facilitate their welcome or their relaxation, sport or leisure activities.

It can also be taken in rotation in specified kinds of establishments, including those in which food is prepared for immediate consumption, hotels, restaurants and bars, newspaper and information firms and museums and exhibitions; and industries that use materials susceptible to very rapid deterioration, industries in which any interruption risks ruin or depreciation of the product being made and industries in which a collective or enterprise agreement provides the possiblity of organizing work in a continuosu manner.

In industrial and commercial firms in which weekly rest is taken at the same time by all staff, it can be reduced to a half day for staff employed in certain jobs (e.g. cleaning of industrial sites).

These workers are entitled to a rest period of one day to compensate for two half-day reductions.
1: Article L.221-5-1, Article L.221-8-1, Article L. 221-9, Article L.221-10, and Article L.221-12

Day specified

In the interest of workers, the weekly rest period shall take place on sundays.
Labour Code §3132-3

Work on weekly rest day


» Criteria

Work that must be performed immediately to carry out rescue work and prevent or respond to accidents can be carried out on the weekly rest day.
Labour Code § L3132-4

» Compensation (for working on a rest day)

Any worker deprived from his/her weekly rest period on sundays for work is entitled to at least double the remuneration perceived in a regular day of work and shall be also given an additional rest period.
Labour Code §3132-27

» Prohibitions and limitations

Apprentices under 18 years of age may not be employed to perform work on a Sunday except in certain specified activities.
Labour Code §L3164-2

Special categories


» Young workers

Young workers have the right of 2 consecutive days of break. But there can be exceptions in a decree. Nevertheless, no exceptions are allowed for workers below 16 years.
Labour Code §§ L3164-2, L 3164-3, L3164-4

» Domestic workers

At lest 24 hours, preferably including Sunday. Work on weekly restdays is the exception. The remuneration is 25 % higher or equivalent rest breaks have to be given.
Collective Agreements Regarding Domestic Workers § 15

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

All workers who have been employed for a minimum of 10 days are entitled to paid annual leave.
Labour Code § L3141-3

Duration


» General

The worker is entitled to 2.5 working days per month of annual leave with the same employer. The total duration of the annual leave cannot exceed 30 working days per year.
Labour Code §L3141-3
Historical data (year indicates year of data collection)
  • 2009: 2.5 days per month (i.e. working days)
  • 2007: All workers who have been employed for a minimum period of one month are entitled to paid annual leave. 2.5 days per month
  • 1995: 5 weeks.

Payment


» Amount

The worker is entitled to one-tenth of the gross wage perceived over the reference period.
§L3141-22

Schedule and splitting

To be decided by collective agreement; date of leave should be between 1 May and 31 October.

Annual leave of less than 12 days must be taken in one period. Maximum consecutive annual leave is 24 days in one period.

If a period is fixed for the time of leave it can only be changed up to one month prior to the beginning except for special circumstances.
Labour Code §§ L3141-13, L3141-16, L3141-18

Special categories


» Young workers

Workers under the age of 21 have a right to 30 working days of leave.
Labour Code §L3164-9

» Agricultural workers

To be decided by collective agreements and should fall between 1 May and 31 October)
Agricultural workers may take annual leave on other dates.
1: Article L. 223-7, article L. 233-7(1)

» Domestic work

Domestic workers are entitled to 2.5 working days of leave per month, regardless of the work schedule.
Collective Agreements Regarding Domestic Workers §16

PUBLIC HOLIDAYS

1 January
Easter Monday
1 May
8 May
Ascension
Pentecost
14 July
Assomption
All Saints`Day
11 November
Christmasday.
Labour Code § L3133-1

Number and dates

11 days.
Labour Code § L3133-1

EMERGENCY FAMILY LEAVE

Workers are entitled to take leave to care for a family member or a person sharing the domicile at the end of life.
Leave for family events.
Leave for representing an association.
Leave for international solidarity. Workers having been employed for 12 months are entitled to participate in a mission outside France.
Maximum period of 3 months. The leave period can be converted into part-time work.
4 days of leave for a worker’s own wedding; 2 days of leave for the death of a spouse or child; 1 day of leave for a child’s wedding and the death of a parent; and 3 days of leave for the birth of adoption of a child.
Maximum of 9 working days per year.
Maximum period of 6 months.
Labour Code §§ L3142-16, L3142-31, L3142-1, L.3142-2, L3142-51, L3142-32, L3142-53
Collective Agreements Regarding Domestic Workers § 17

PART-TIME WORK


General provisions

Part time work is any work which is below the legal duration of work.
Labour Code §L3123-1

Limits


Overtime work

The overtime work of a part time worker in a week or a month cannot be higher than 1/10 of his or her normal weekly or monthly working hours except if there is a different provision in a collective agreement.
Labour Code §L3123-17, L3123-18

Schedule

The schedule of part time is fixed in a collective agreement. A modification of the schedule of the working time has to be announced to the part time worker at least seven days before the start of the new schedule. A collective agreement can reduce this period to three days.
Labour Code §§ L3123-5, L3123-21, L3123-22

Right to equal treatment

Part-time workers enjoy the same rights and benefits as full-time workers on a pro rata basis under legislation and collective agreements.
Labour Code §L3123-10, L3123-11

NIGHT WORK


Criteria for night work

Night work is only permitted for exceptional circumstances. The need to protect the safety and health of workers must be taken into account and it must be justified by the need for continuity in economic activity or the provisions of services of social utility.

Putting in place night work in an enterprise or establishment or its extension to new categories of workers needs a collective agreement or an enterprise or establishment agreement.
Labour Code §L3122-32, L3122-33

Limits


Daily hours limit

Daily working time cannot exceed 8 hours.
Labour Code §L3122-34(1)

Compensation

Night workers must benefit from a compensatory rest period or receive wage compensation for night work. The collective agreement must provide for this.

Domestic workers who work nights get an additional pay of at least 1/6 of their normal pay.
Labour Code §L3122-39
Collective Agreements Regarding Domestic Workers §6

Workers' health

Medical check-up before taking up night work and thereafter at regular intervals of not more than 6 months.
A medical practitioner is consulted if night work is implemented or modified.
Labour Code §§ L3122-38, L3122-42

Transfers

Night workers who wish to move to a day post and day workers who wish to move to night work in the same establishment or enterprise, have priority for jobs in their professional category or equivalent employement. The employer must make known to these workers the list of corresponding vacancies.
If night work is not compatible with family responsibilities the worker has the right to be transferred to day work.
Labour Code §§ L3122-43, L3122-44

Special categories


Young workers

Night work for young workers between 16 and 18 years is the work between 22.00 and 06.00. For young workers below 16 years it is the work between 20.00 and 06.00.
Night work is generally prohibited for young workers. It may be permitted by the labour inspector in exceptional circumstances in commercial enterprises and/or artistic performances. Collective agreements can define special conditions in which night work can be authorised. In cases of extreme urgency and if adult workers are not available young workers can perform night work.
Labour Code §L3163-1, L3163-2, L3163-3

Domestic work

Night work cannot exceed 12 hours and cannot be demanded for more than 5 consecutive nights except special circumstances.
Collective Agreements Regarding Domestic Workers §6

SHIFT WORK

No relevant provisions identified.

ON-CALL WORK

No relevant provisions identified.

FLEXITIME


Criteria

Every worker can profit of flexible work arrangements to allow him or her the regular practice of sport.
Labour Code § L3122-28

CASUAL WORK

No relevant provisions identified.

SHORT-TIME WORK/WORK-SHARING


General provisions

Short time work is possible under the following circumstances:
1. economic reasons;
2. difficulties to obtain the necessary energy or raw materials;
3. exceptional circumstances ;
4. transformation, restructuring or modernisation.

If the employees suffer a reduction in their salaries due to the reduced working hours they receive a government allowance. This allowance is 3,84¿ per hour for companies with one to 250 employes and 3,33¿ for enterprises with more than 250 employees.

If the company is closed for more than 6 weeks the employees are considered as searching or a job and they receive unemployment benefits.
Labour Code §§ R5122-1, L5122-1, D5122-13, R5122-9

Limits

A maximum number of hours a year is fixed by a ministerial decree according to the economic situation.
Labour Code §R5122-6

RIGHT TO CHANGE WORKING HOURS


Type of changes permitted

A full-time worker can request that his or her hours be reduced.

A part-time worker can request that his or her hours can be increased.

Their requests should have priority if a suitable position becomes available.
Labour Code §§ L3123-5 , L3123-8

Reasons for request

Collective or enterprise agreements can specify the permissible reasons for requests to change working hours.
Labour Code § L3123-5

Employer duties

Where a worker has requested a change in hours, the employer must inform him or her about suitable vacancies.
Labour Code §L3123-8

Permissible reasons for refusal

Collective or enterprise agreements can specify the permissible reasons for refusing to grant requests from workers to change their working hours.

Where these are not specified, it is permitted to refuse a request on the grounds that a reduction of working hours would disrupt the functioning of the firm or that there is no suitable position.
Labour Code § L3123-5

Procedure

Collective or enterprise agreements can specify the form of the request.
Labour Code § L3123-5

Right to information

Employers are required to inform the enterprise committee or workers’s representatives at least once a year about the extent of part-time work in the firm.
Labour Code § L3123-3

Refusal to transfer

It is prohibited to dismiss an employee for refusing to transfer from a full-time to part-time position.
Labour Code § L3123-4

Results generated on: 28th March 2024 at 16:21:35.
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