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Daily rest of employee

Verified 10 février 2021 - Legal and Administrative Information Directorate (Prime Minister)

Coronavirus: adaptation of labour law

It is possible for the employer not to apply the maximum daily and weekly working time to the employee, temporarily and exceptionally.

This derogation may not extend beyond 30 June 2021.

This provision is provided for by order no. 2020-1597 of 16 december 2020 providing for emergency measures relating to paid leave and rest days, the renewal of certain contracts and the loan of labour .

Every employee must have a daily rest period between 2 working days. The legal rest period shall be at least 11 consecutive hours. However, derogations from this period may be laid down by agreement or agreement. Employees under 18 years of age enjoy a longer rest period.

Major

Every employee shall enjoy a minimum daily rest period between 2 working days.

General case

Daily rest is at least 11 hours between 2 working days.

Executives

There is no minimum legal term for senior managers.

Specific activities

Some activities do not allow the daily rest period of 11 hours.

This is the case for the following activities:

  • Activities characterised by distance between the employee's home and workplace or between different places of work
  • Custody and supervision and permanence characterised by the protection of property and persons
  • Activities requiring continuity of service or production
  • Handling or holding involved in the performance of transport services
  • Activities involving split working periods during the day

The minimum rest period is then fixed by agreement or agreement of company or establishment.

However, the working time may not exceed 9 consecutive hours.

Non-application of the legal working time is possible provided that the employee is granted at least an equivalent rest period.

Increased activity

In case of increased activity, an agreement or an enterprise agreement may provide for a reduction in the daily rest period.

However, the daily rest period shall not be less than 9 consecutive hours.

In the absence of an agreement or agreement, the employer may not apply the statutory daily rest period after authorisation by the labour inspector.

An exemption from the statutory period is possible provided that the employee has at least an equivalent rest period.

Urgent work

The employer may not apply the daily rest period when the following urgent work must be performed without waiting:

  • Rescue measures
  • Prevention of imminent accidents
  • Repair of accidents to equipment, facilities or buildings

The employer remains obliged to inform the labour inspector.

An exemption from the statutory period is possible provided that the employee has at least an equivalent rest period.

Minor

Employee 16 to 18 years

The minimum daily rest period may not be less than 12 consecutive hours.

  Please note : no person shall employ a young person between the ages of 16 and 18 years between 10 pm and 6 am. However, derogations exist for certain sectors of activity or in emergency situations.

Employee under 16

The minimum daily rest period may not be less than 14 consecutive hours.

  Please note : no person shall employ a young person under 16 years of age between 8pm and 6am. However, derogations exist for certain sectors of activity or in emergency situations.