Regulations concerning employee rest periods stipulate that employers may not require an employee to work more than six days per week (Art. L. 3132-1 of the French Labor Code). This weekly rest period, with a minimum duration of 24 hours, in addition to daily rest periods, must in principle be granted on Sunday (Art. L.3132-3 of the French Labor Code). Since
certain activities must necessarily be maintained throughout the week, several exceptions allowing for Sunday work have been established and are subject to relatively strict regulations by the legislature. These exceptions are primarily governed by Law No. 2009-974 of August 10, 2009, known as the Mallié Law (I). Furthermore, given that the draft law for growth, activity, and equal economic opportunities intends to revise this system, its provisions should be discussed here (II).
I. Exceptions to the principle of Sunday rest
The French Labor Code provides for several exceptions to the principle of Sunday rest. These exceptions can be classified into four categories.
First, the legislature has established a series of exceptions to the weekly rest period, which in practice can override the principle of Sunday rest. These exceptions correspond to specific cases such as urgent work or seasonal activities. Given the very specific nature of these provisions, their content will not be elaborated upon further. Instead, we must examine the three other types of exceptions, which are distinguished by their methods of obtaining them.
The legislature has thus established permanent legal exceptions (Articles L.3132-12 and -13 of the Labor Code) (A), contractual exceptions (B), and finally, administrative exceptions (C).
A. Permanent exceptions to the law
Permanent exemptions allow certain establishments, whose operation or opening is necessitated by production constraints, business activity, or public needs, to deviate from the Sunday rest rule by assigning weekly rest on a rotating basis (Article L.3132-12 of the French Labor Code). The activities covered by these permanent exemptions are defined by decree (Article R. 3132-5 of the French Labor Code).
Similarly, food retail businesses benefit from a permanent exemption under which weekly rest may be granted on Sundays starting at 1 p.m.
B. Conventional Derogations
In industrial companies, the principle of Sunday rest can be modified by collective agreement. Indeed, a collective agreement, or failing that, authorization from the labor inspector, can allow for continuous work schedules or the use of a relief team.
In both cases, the agreement allows employees to take their weekly rest on a day other than Sunday. It should be noted that when a relief team is used, the pay for work performed on Sunday must be increased by at least 50% compared to the pay that would be due for an equivalent period worked according to the company's normal schedule.
C. Temporary exemptions
Temporary exemptions are granted by the prefect or by the mayor on a permanent or temporary basis.
- Exemptions granted by the prefect
Under Article L. 3132-20 of the French Labor Code, when it is established that the simultaneous Sunday rest of all employees of an establishment would be detrimental to the public or would compromise the normal operation of that establishment, the rest period may be arranged in various ways, including from Sunday noon to Monday noon or on a rotating basis.
The authorization granted to one establishment may be extended to several or all establishments in the same locality carrying out the same activity and serving the same clientele (Article L. 3132-23 of the French Labor Code).
Retail businesses located in municipalities of tourist or spa interest and in tourist areas of exceptional popularity or permanent cultural activity benefit from a separate system and may, by right, grant weekly rest on a rotating basis to all or part of their staff (Article L. 3132-25 of the French Labor Code).
The prefect may also authorize retail establishments that provide goods and services within an exceptional consumer use zone (PUCE), characterized by Sunday shopping habits, the size of the customer base, and its distance from the zone, in urban areas with more than 1,000,000 inhabitants, to grant weekly rest on a rotating basis (Art. L.3132-25-1 of the French Labor Code). These authorizations are limited to a period of five years (Art. L.3132-25-6 of the French Labor Code). The PUCE is
established by the prefect based on a collective agreement or, failing that, on a unilateral decision by the employer adopted by referendum. The collective agreement specifies, in particular, the compensation granted to employees deprived of Sunday rest, as well as the commitments made regarding employment.
Only employees who have given their consent may work under such an authorization.
- Exemptions granted by the mayor
In retail businesses where the weekly rest day normally falls on Sunday, the mayor or the prefect of Paris may waive this rest day up to five times a year.
In such cases, the employee receives compensation at least equal to double the normal pay for an equivalent period, as well as equivalent compensatory time off.
D. Sanction
In the event of non-compliance with these provisions, the labor inspector may petition the court for an interim order to stop the illegal employment of workers in retail and consumer service establishments. The judge may order the establishment to close on Sundays and impose a penalty payment for non-compliance (Article L.3132-31 of the Labor Code).
Finally, this offense may be punished by the fine prescribed for fifth-class misdemeanors (Article R.3135-2 of the Labor Code).
II. The proposed amendments in the draft law for growth, activity and equal economic opportunities – Macron Bill
The regulation of Sunday work is the subject of intense debate. Although the draft law for growth, activity and equal economic opportunities, inspired by the conclusions submitted by Jean Paul Bailly to the government, has not yet been definitively adopted, it is worth briefly mentioning the changes made regarding Sunday work, based on the text adopted by the National Assembly.
A. New criteria for delimiting specific zones
- International tourist areas
The bill amends the zoning system established by the Mallié Law. It creates "international tourist zones" (ZTI), delimited by the ministers responsible for labor, tourism, and commerce, characterized by:
– their international reach
– the influx of tourists
– the volume of purchases made by these tourists.
These criteria are to be further defined by decree.
- Tourist areas
The bill provides for a common name for tourist, spa or permanent cultural activity municipalities, which should be grouped under the single title of tourist zone (ZT).
- From the chip to the commercial zone
The exceptional use and consumption zones (PUCE) established by the Mallié Law should be renamed "commercial zones" (ZC) when proof of prior commercial use will not be required.
These zones are characterized by a particularly high level of commercial supply and potential demand, as well as their immediate proximity to a border area (Art. L.3132-25-1 of the French Labor Code).
B. Store opening procedures
According to the draft bill, the delimitation of International Tourist Zones (ZTI) will fall under the jurisdiction of the government after consultation with the mayor. The delimitation of Tourist Zones (ZT) and Commercial Zones (ZC), on the other hand, will be decided by the regional prefect.
In all three zones, Sunday trading will be contingent upon a collective agreement establishing compensation.
The draft bill has increased the number of Sunday openings from 5 to a maximum of 12, with the opening of the last 7 Sundays subject to the approval of the inter-municipal public cooperation body.
The Senate committee's report was submitted on March 27, 2015, and the debate in plenary session began on April 7. The Senate vote on the bill is scheduled for May 6, 2015.
