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Sunday work of a private sector employee
Verified 09 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
Collective agreement, collective agreement, branch, company or establishment agreement applicable in labor law. They lay down the obligations and rights of the employer and the employee.
This area is characterized by a high influx of tourists, measured by the ratio of permanent population to seasonal population. Its delimitation is the result of an order of the regional prefect.
This area of international influence is characterized by a commercial, cultural, heritage or leisure offer of international renown, by the exceptional influx of foreigner tourists and by the importance of their purchases. Its delimitation is governed by a ministerial order.
This area consists of a commercial complex of more than 20,000 m² of sales area, which welcomes more than 2 million customers per year or is located in an urban unit of more than 100,000 inhabitants. It is defined by order of the regional prefect.
Sunday is a legal day of rest. However, an employee may be required to work on Sundays when his employer is authorized not to apply Sunday rest (referred to as derogation). There are several derogations allowing work to be organized on Sundays. Depending on the type of business or sector of activity, Sunday work may be mandatory or optional. Special provisions apply to Alsace-Moselle.
What applies to you ?
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Retail sector
In the retail sector, many derogations provide for the possibility of working on Sundays. Depending on the type of trade and the type of derogations, Sunday work may be compulsory or optional and in some cases requires compensatory measures.
Video - Are you paid twice if you work on Sundays?
Vidéo - Are we paid twice if we work on Sundays?
Are we paid twice if we work on Sundays?
It's a common misconception!
The law does not require you to pay a pay increase when you work on a Sunday. And this, whether occasionally or weekly.
Working on Sundays can be common in certain sectors of the retail or food trade - for example, restaurants, bakeries, hotels, or in a DIY or garden shop. It may also occur frequently in an industry where facilities must remain open for public use, such as a health facility.
Whatever the sector, your salary is not necessarily increased if you work on Sundays.
However, the collective agreement in your sector of activity or your contract of employment may provide for compensatory rest, for example on a weekday.
Finally, even if you are not required to do so by law, your employer may decide to pay you a salary increase if they wish.
In a food retail business, the employee may be required to work on Sundays under conditions which vary according to the type of business.
Warning
in principle, an employee under 18 years of age cannot work on sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and seed
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Shop manufacturing food products for immediate consumption on the spot (examples: bakery, pastry)
The employee may be obliged to work on Sundays at the request of the employer.
In general, there are no wage increases or compensation measures (e.g. additional rest). However, treaty provisions or a collective agreement of the employer may provide for a salary increase and/or compensation measures.
Other trade (examples: general food, butcher's shop, cheese-making)
Business with a sales area of more than 400 m² (supermarket or hypermarket)
A supermarket or hypermarket is a self-service retail establishment that is most often located on the outskirts of cities.
The employee may be obliged to work on Sundays at the request of the employer, until 1 p.m. maximum.
The employee may be obliged to work on Sundays from 1 p.m. if he works in a shop located in one of the following areas:
- Tourist area (TZ), international tourist area (ZTI), commercial area (ZC)
- The station is exceptionally busy
In this case, from 1 p.m., the employee benefits from specific conditions applicable to shops located in one of these areas.
There is a pay increase of at least 30%.
The employee has a full day's rest. This day is fixed in shifts and fortnightly.
Trade with a sales area of 400 m² or less
This type of business includes grocery stores that meet the common needs of a neighboring clientele.
The employee may be obliged to work on Sundays at the request of the employer, until 1 p.m. maximum.
The employee may be obliged to work on Sundays from 1 p.m. if he works in a shop located in an international tourist zone (ZTI) or in a station experiencing exceptional crowding.
In this case, from 1 p.m., the employee benefits from specific conditions applicable to shops located in one of these areas.
The salary is not increased. However, treaty provisions or an agreement of the employer may provide for an increase.
The employee has a full day's rest. This day is fixed in shifts and fortnightly.
Hotels, cafés and restaurants
The employee may be obliged to work on Sundays at the request of the employer.
In general, there are no wage increases or compensation measures (e.g. additional rest). However, treaty provisions or a collective agreement of the employer may provide for a salary increase and/or compensation measures.
The employee may be required to work on Sundays, under conditions which vary according to the type of derogation which led to the establishment of Sunday work.
Derogations from the principle of Sunday rest may be granted in the following situations:
- Avoiding harm to the public or to the normal functioning of the institution or company
- Due to geographical considerations, in a tourist area (TZ), an international tourist area (ZTI), a commercial area (ZC) a station with an exceptional crowd
- Decision of the Prefect
- Mayor's decision
Warning
in principle, an employee under 18 years of age cannot work on sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and seed
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Establishment whose opening on Sundays is linked to the constraints of production, activity or needs of the public (e.g. furniture or DIY business, florist...)
The employee may be obliged to work on Sundays at the request of the employer.
In general, there are no wage increases or compensation measures (e.g. additional rest). However, treaty provisions or a collective agreement of the employer may provide for a salary increase and/or compensation measures.
Trade located in a tourist zone (ZT), an international tourist zone (ZTI), a commercial zone (ZC) or a station with exceptional traffic
The employee may refuse to work on Sundays.
Such refusal may in no case constitute fault or grounds for dismissal,
If the employee agrees to work on Sundays, he must give his agreement in writing to the employer.
The employee can ask to stop working on Sunday or to work 1 Sunday per month instead of 2.
If the employee works on Sunday, the salary is increased. The rate of the wage increase is fixed by an agreement (collective, territorial or negotiated).
If a company agreement provides for them, the employee may benefit from the measures concerning:
- Facilitating the reconciliation of work and personal life
- Compensation for childcare expenses
- Taking account of changes in personal circumstances
Establishment with a prefectural derogation from Sunday rest
The prefect may grant derogations from the principle of Sunday rest with the aim of avoiding harm to the public or to the normal functioning of the company or establishment.
The authorization granted may be extended to several or all establishments in the same locality carrying out the same activity and addressing the same customers.
Trade affected by the Mayor's derogations
For a business where all employees are usually at rest on Sundays, the mayor may provide for derogations from Sunday rest. That's what we call the Mayor's Sundays.
These derogations may not exceed 12 Sundays a year.
The list of Sundays covered by the derogation must be drawn up before 31 December of year N-1.
Warning
the maximum number of sundays opened following the mayor's derogation may be lowered for supermarkets and hypermarkets.
The employee may refuse to work on Sundays. Such refusal may in no case constitute fault or grounds for dismissal or justify discriminatory measures in the course of work.
The employee must give his written consent.
The remuneration of the employee shall be at least twice the remuneration normally due for an equivalent period.
The employee is entitled to an equivalent additional rest period in time (a working day on Sunday is equivalent to a day off in compensation).
Other sector
An employee of a company whose operation or opening is made necessary by the constraints of production, activity or the needs of the public may be required to work on Sundays.
This is the case in particular with the following companies:
- Health and care facilities (clinics, thalassotherapy, balneotherapy...)
- Recreational, cultural and sports activities (shows, museums, exhibitions, casinos, amusement parks...)
- Newspaper and information companies
An employee of an establishment who is authorized to derogate from Sunday rest by collective agreement may work on Sundays.
This authorization is provided for when the work is organized continuously throughout the week for economic reasons (industrial company, for example).
If this is the case, the compensatory measures, in particular those relating to wages, are laid down in the collective agreement.
Alsace-Moselle
The departments of Haut-Rhin, Bas-Rhin and Moselle are not subject to the same legislation as the other French departments as regards Sunday work.
Some activities may be open on Sundays, but only at times, periods of the year and for periods determined according to a prefectural or municipal order.
This is particularly the case for the following activities:
- Butcher's shops
- Fish shops
- Grocery stores
- Glaciers
- Bakeries
- Pastries
- Petrol stations
- Retail stores
- Florists
- Newspaper vendors
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Employee working in a food retail trade or in a non-trade sector
Employee working in a trade with a prefectural exemption
Employee working in a non-food retail trade located either in a tourist zone (ZT), an international tourist zone (ZTI), a commercial zone (ZC) or in a station with exceptional traffic
Derogations of the Mayor
Derogation from Sunday rest for employees under 18 (principle)
Employee working in another sector (list of derogating sectors)
Derogation from Sunday rest for employees under 18 (list of derogating sectors)
Special provisions for the departments of Moselle, Bas-Rhin and Haut-Rhin