Can an employee be forced to work in the evening?

Verified 21 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

No, only one employee voluntary having given its consent in writing can work in the evenings.

Evening work is work done during the working hours of 9 pm to midnight in a retail outlet whose place of work is situated in a international tourist area.

Which areas are affected? How is the evening work set up? Does the employee receive any compensation?

We are taking stock of the regulations.

Evening work is work performed by an employee during the working hours from 9 p.m. to midnight and whose place of work is situated in an international tourist area.

The setting up of evening work is reserved for retail trade.

These retail outlets sell goods (such as clothing) and services (such as services provided by hairdressers).

Tableau - Location of international tourist areas in France

Region

Department

International tourist areas

Île-de-France

Paris (75)

Saint-Honoré-Vendôme (1er back.)

Les Halles (1er back.)

The Marais (3e back.)

Rennes Saint Sulpice (6e back.)

Saint-Germain (7e back.)

Champs Élysées-Montaigne (8e back.)

Haussmann (8e back.)

Beaugrenelle (15e back.)

Convention Center (17e back.)

Montmartre (18e back.)

Hauts-de-Seine (92)

Paris La Défense

Val-de-Marne (94)

Serris-Val d'Europe

Normandy

Calvados (14)

Deauville

Pays de la Loire

Loire-Atlantique (44)

La Baule-Escoublac

Provence-Alpes-Côte d'Azur

Alpes-Maritimes (06)

Antibes

Cagnes-sur-Mer

Cannes

Nice

Saint-Laurent-du-Var

An online service allows you to search for tourist areas in Paris and the Île-de-France region:

Map of ITZs, tourist areas and commercial areas in Paris and Île de France

To set up the evening work, the preliminary conclusion of a industry, group and company collective agreement, of establishment or a agreement at territorial level is obligatory.

This agreement should include the following:

  • Provision of an employer-sponsored means of transport which enables the employee to return to his home
  • Measures to facilitate the reconciliation of the professional and personal lives of employees and, in particular, measures to compensate for the costs of childcare
  • Conditions for the employer to take into account the evolution of the personal situation of employees and, in particular, their wish to stop working after 9 p.m

YesHowever, the employee may refuse to work in the evening.

Only the employee voluntary giver its agreement in writing his employer can work in the evenings.

The employee's refusal may not constitute grounds for refusal to hire. It cannot lead to action discriminatory.

Finally, the employee's refusal may not constitute fault or grounds for dismissal.

Please note

A worker who is medically pregnant or who has given birth has the option of no longer working between 9 p.m. and midnight. This choice has immediate effect.

Hours worked during the evening working period shall be remunerated at least twice the remuneration normally due.

These working hours shall also give rise to an equivalent compensatory rest period in time.

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