Night Work
LexInter | August 8, 2014 | 0 Comments

Night Work

LABOR CODE (Legislative Part)
Section 1: General provisions
Article L213-1
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 79-3 of January 2, 1979 Official Journal of January 3, 1979) (Law n ° 87-423 of June 19, 1987 art. 14 Official Journal of June 20, 1987) (Law n ° 2001-397 of May 9, 2001 art. 17 I, II Official Journal of May 10, 2001)

Recourse to night work must be exceptional. It must take into account the imperatives of protecting the safety and health of workers and must be justified by the need to ensure the continuity of economic activity or services of social utility.
The implementation in a company or an establishment of night work within the meaning of Article L. 213-2 or its extension to new categories of employees are subject to the prior conclusion of an agreement or a collective agreement. extended branch or company or establishment agreement.
This collective agreement must include the justifications for resorting to night work referred to in the first paragraph. Given the exceptional nature of night work, the collective agreement must not have been the object of an opposition in application of article L. 132-26.

Article L213-1-1
(inserted by Law n ° 2001-397 of May 9, 2001 art. 17 I, III Official Journal of May 10, 2001)

Any work between 9 p.m. and 6 a.m. is considered night work.
Another period of nine consecutive hours, between 9 p.m. and 7 a.m. but including, in any case, the interval between 24 hours and 5 hours, may be substituted for the period mentioned in the first paragraph by an agreement or a extended collective agreement or a company or establishment agreement. In the absence of agreement and when the particular characteristics of the company’s activity justify it, this substitution may be authorized by the labor inspector after consultation with union representatives and advice from the works council or staff representatives. ‘they exist.

 

Article L213-3
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23, 1973) (Law n ° 2001-397 of May 9, 2001 art. 17 I, V Official Journal of May 10, 2001)

The daily duration of work carried out by a night worker may not exceed eight hours.
The provisions of the preceding paragraph may be waived by convention or extended branch collective agreement, under conditions set by decree of the Council of State, or when the provisions of Article L. 221-5 are applied. -1. The provisions of the same paragraph may also be waived in the event of exceptional circumstances, with the authorization of the labor inspector given after consultation with union representatives and after consultation with the works council or staff representatives if they exist, according to terms set by the decree mentioned in this paragraph.
The weekly working time of night workers, calculated over any period of twelve consecutive weeks, may not exceed forty hours. An agreement or an extended branch agreement may increase this limit to forty-four hours when the specific characteristics of the activity of a sector justify it. In the absence of a convention or extended branch agreement, a decree may set the list of sectors for which this duration is set between forty and forty-four hours.

Article L213-4
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23, 1973) (Law n ° 2001-397 of May 9, 2001 art. 17 I, VI Official Journal of May 10, 2001)

Night workers benefit from compensation for the night periods during which they are employed in the form of compensatory rest and, where applicable, in the form of wage compensation.
The collective agreement referred to in Article L. 213-1 must provide for compensation in the form of compensatory rest and, where applicable, in the form of salary compensation. The collective agreement also provides for measures intended to improve the working conditions of workers, to facilitate the coordination of their night-time activity with the exercise of family and social responsibilities, in particular with regard to means of transport, and ensure professional equality between women and men, in particular through access to training. The collective agreement also provides for the organization of break times.
By way of derogation from Article L. 213-1, in the absence of a collective agreement or agreement and provided that the employer has seriously and loyally engaged in negotiations leading to the conclusion of such an agreement, the workers may be affected. at night shifts after authorization from the labor inspector granted in particular after verification of the compensation that will be granted to them under the obligation defined in the first paragraph above, the existence of break time and according to the terms set by decree of the Council of State.
The engagement of fair and serious negotiations referred to above implies compliance by the employer with the obligations provided for in this paragraph. He must have convened the representative trade unions in the company to negotiation and fixed the place and schedule of meetings. He must also have communicated to them the necessary information to enable them to negotiate in full knowledge of the facts and to have responded to any proposals from trade union organizations.

Note: For companies in which night workers do not already benefit from compensation in the form of compensatory rest as provided for in the first paragraph of Article L. 213-4 of the Labor Code, the employer has a period of one year from the date of entry into force of this law to grant this consideration either by application of a convention or an extended collective agreement, or an agreement of company or establishment, or, in the absence of a convention or agreement, after consultation with union representatives and advice from the works council or, failing that, the employee representatives.

Article L213-4-1
(inserted by Law n ° 2001-397 of May 9, 2001 art. 17 VII Official Journal of May 10, 2001)

Night workers within the meaning of Article L. 213-2 who wish to occupy or resume a day position and employees occupying a day position who wish to occupy or resume a night position in the same establishment or, failing this, in the same company have priority for the allocation of a post belonging to their professional category or an equivalent post. The employer informs these employees of the corresponding list of available jobs.

Article L213-4-2
( inserted by Law n ° 2001-397 of May 9, 2001 art. 17 VIII Official Journal of May 10, 2001)

When night work is incompatible with imperative family obligations, in particular with the care of a child or the care of a dependent person, the employee may request his assignment to a day position.

Article L213-4-3
(inserted by Law n ° 2001-397 of May 9, 2001 art. 17 IX Official Journal of May 10, 2001)

When night work is incompatible with imperative family obligations, in particular with the care of a child or the care of a dependent person, the employee may refuse to accept this change without this refusal constituting a fault or a reason for dismissal.

Article L213-5
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23, 1973) (Law n ° 2001-397 of May 9, 2001 art. 17 I, X Official Journal of May 10, 2001)

All night workers benefit, before being assigned to a night shift and at regular intervals for a period not exceeding six months thereafter, from special medical surveillance, the conditions of application of which are determined by decree in Council of ‘State.
The night worker, when his state of health, ascertained by the occupational physician, so requires, must be transferred permanently or temporarily to a day job corresponding to his qualification and as comparable as possible to the job previously held. .
The employer cannot pronounce the termination of the employment contract of the night worker because of his inaptitude for the position involving night work within the meaning of Articles L. 213-1-1 and L. 213-2, unless he does not justify in writing either the impossibility in which he finds himself to offer a position under the conditions set out in the previous paragraph, or the employee’s refusal to accept the position offered under these conditions.
These provisions apply without prejudice to Articles L. 122-24-4, L. 122-32-5 and L. 241-10-1.
As part of the annual report, as defined in article L. 236-4, submitted by the head of the establishment for an opinion to the health, safety and working conditions committee, the issue of night work is treated specifically.
The occupational physician is consulted before any major decision relating to the establishment or modification of the organization of night work. The conditions of application of this consultation are determined by decree of the Council of State.

(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Ordinance n ° 82-41 of January 16, 1982 art. 10 Official Journal of January 17, date of entry into force February 1, 1982) (Law n ° 2001-397 of May 9, 2001 art. 17 I, IV Official Journal of May 10, 2001)

A night worker is any worker who:
1 ° Either performs, at least twice a week, according to his usual working schedule, at least three hours of his daily working time during the period defined in article L. 213-1 -1;
2 ° Either performs, during a reference period, a minimum number of night work hours within the meaning of Article L. 213-1-1.
The minimum number of hours of night work and the reference period mentioned in 2 ° are fixed by convention or extended collective agreement or, failing that, by decree of the Council of State taken after consultation of the most representative trade unions in the plan. national employers and employees.

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