actual work
LexInter | February 1, 2008 | 0 Comments

Actual work

LABOR CODE
(New Legislative Part)
 

Sub-section 1: Actual work

Article L3121-1

   The actual working time is the time during which the employee is at the employer’s disposal and complies with his directives without being able to freely go about personal occupations.

   NOTE: Ordinance 2007-329 of March 12, 2007 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the labor code and no later than March 1, 2008.

Article L3121-2

   The time required for catering as well as the time devoted to breaks are considered to be actual working time when the criteria defined in Article L. 3121-1 are met.
Even if they are not recognized as actual working time, this time may be the subject of remuneration provided for by a collective labor agreement or agreement or by the employment contract.

   NOTE: Ordinance 2007-329 of March 12, 2007 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the labor code and no later than March 1, 2008. 

Article L3121-3

   The time required for dressing and undressing operations is subject to compensation. These compensations are granted either in the form of rest or in financial form, when the wearing of work clothes is required by legal provisions, by contractual stipulations, the internal regulations or the employment contract and that the dressing and undressing must be carried out in the company or at the workplace.
These compensations are determined by collective labor agreement or agreement or, failing that, by the employment contract, without prejudice to the clauses of collective agreements, branch, company or establishment, uses or stipulations of the employment contract. assimilating these dressing and undressing times to actual working time.

   NOTE: Ordinance 2007-329 of March 12, 2007 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the labor code and no later than March 1, 2008.

Article L3121-4

   Business travel time to get to the place of performance of the employment contract is not actual working time.
However, if it exceeds the normal travel time between home and the usual place of work, it is compensated either in the form of rest or financial. This compensation is determined by collective labor agreement or agreement or, failing that, by unilateral decision of the employer taken after consultation of the works council or staff representatives, if there are any. The part of this professional travel time that coincides with the work schedule does not entail any loss of wages.

   NOTE: Ordinance 2007-329 of March 12, 2007 art. 14: The provisions of this ordinance come into force at the same time as the regulatory part of the labor code and no later than March 1, 2008.

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