LexInter | April 30, 2002 | 0 Comments

WEEKLY REST

LABOR CODE (Legislative Part)
Chapter 1: Weekly Rest
Article L221-1
(Ordinance n ° 82-41 of January 16, 1982 art. 31 Official Journal of January 17, date of entry into force FEBRUARY 1, 1982)The provisions of this chapter apply to persons employed in the establishments mentioned in paragraph 1 of Article L. 200-1.
These provisions are not applicable to railway staff whose rest periods are subject to special rules. They apply to the staff of inland navigation companies in accordance with the terms set by decree of the Council of State.
Article L221-2
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23, 1973)It is prohibited to employ the same employee for more than six days per week.
Article L221-3
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23, 1973)Apprentices can not be held in any case vis-à-vis their master to any work of their profession on Sundays.
For establishments not mentioned in Article L. 200-1, if the apprentice is obliged, following agreements or in accordance with the custom to tidy up the workshop on Sundays, this work cannot be extended beyond 10 a.m.
Article L221-4
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23) (Law n ° 2000-37 of January 19, 2000 art. 7 art. 18 3 ° Official Journal of January 20, 2000 in force February 1, 2000)Weekly rest must last for a minimum of twenty-four consecutive hours to which are added the consecutive daily rest hours provided for in article L. 220-1.
Young workers under the age of eighteen as well as young people under the age of eighteen who complete introductory or application internships in a professional environment as part of an alternate education or a school course benefit two consecutive days of rest.
When the specific characteristics of the activity justify it, an extended collective agreement or agreement may define the conditions under which the provisions of the previous paragraph may be waived for young people released from compulsory education, provided that they benefit from ‘a minimum rest period of thirty-six consecutive hours. In the absence of agreement, a decree in the Council of State defines the conditions under which this exemption can be granted by the labor inspector.
Article L221-5
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)Weekly rest must be given on Sunday.
Article L221-5-1
(Ordinance n ° 82-41 of January 16, 1982 art. 11 Official Journal of January 17, date of entry into force FEBRUARY 1, 1982) (Law n ° 87-423 of June 19, 1987 art. 15 Official Journal of June 20, 1987) (Law n ° 91-1 of January 3, 1991 art. 19 I, II, III Official Journal of January 5, 1991)An extended collective agreement or agreement may provide that industrial companies operating with the help of an executive staff made up of two groups, one of which has the sole function of replacing the other during the day or days of rest granted. the latter are authorized to give weekly rest on a day other than Sunday. This exemption also applies to the personnel necessary to supervise the substitute team.
The use of this derogation is subject to the conclusion of a company or establishment agreement or to the authorization of the labor inspector given after consultation of the union representatives and opinion of the committee.
The extended collective agreement or agreement provided for in the first paragraph must include provisions concerning:
1 ° The specific conditions for implementing the training of staff working in a back-up team and the remuneration of training time;
2 ° The procedures for exercising the right of employees of the substitute team to occupy a post other than a substitute.
The remuneration of these employees is increased by at least 50%. 100 compared to that which would be due for an equivalent period carried out according to the normal schedule of the company. This increase does not apply when the employees of the substitute team have to replace employees who have gone on leave during the week.In the absence of an extended collective agreement or agreement, a decree in the Council of State may provide for the conditions under which the exemption provided for in the first paragraph may be granted.

* Note – Labor Code R262-1: Penal sanctions. *
* Note – Law 91-1 of January 3, 1991 art. 19 IV: the provisions of paragraphs 3 to 5 (1 ° and 2 °) are not applicable to conventions or agreements concluded before the entry into force of this law. *

Article L221-6
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)When it is established that the simultaneous rest, on Sundays, of all the staff of an establishment would be prejudicial to the public or would compromise the normal functioning of that establishment, the rest may be given, either throughout the year or at certain times. of the year only according to one of the following methods:
a) On a day other than Sunday for all the staff of the establishment;
b) From Sunday noon to Monday noon;
c) Sunday afternoon with a compensatory rest of one day per shift and per fortnight;
d) By rotation to all or part of the staff.
The necessary authorizations can only be granted for a limited period. They are given after advice from the municipal council, the chamber of commerce and industry and the unions of employers and workers concerned in the municipality.The provisions of this article are not applicable to clerks, clerks and employees of studies and registries in ministerial offices.
Article L221-7
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The authorization granted to an establishment by virtue of the preceding article may be extended to establishments in the same locality doing the same type of business, addressing the same clientele, and included in the same class of license, a fraction establishment cannot, under any circumstances, be assimilated to an establishment.

The authorizations granted by virtue of the preceding article to several or all of the establishments of the same locality doing the same type of business, addressing the same clientele and included in the same class of license may all be withdrawn. when the request is made by the majority of the establishments concerned.

Extension and withdrawal decisions are taken after the consultations provided for in Article L. 221-6 have been carried out.

Article L221-8
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The appeals for excess of power presented to the administrative courts against the decisions provided for in Articles L. 221-6 and L. 221-7 have a suspensive effect.
Article L221-8-1
(inserted by Law n ° 93-1313 of December 20, 1993 art. 44 I Official Journal of December 21, 1993)Without prejudice to the provisions of Article L. 221-6, in tourist or spa towns and in tourist areas of exceptional affluence or permanent cultural activities, weekly rest may be given on a rotating basis for all or part of the staff. , during the period (s) of tourist activities, in retail establishments which make goods and services available to the public intended to facilitate their reception or their leisure or leisure activities of a sporting, recreational or cultural nature .
The list of tourist or spa towns concerned is drawn up by the prefect, at the request of the municipal councils, according to criteria and procedures defined by regulation. For the other municipalities, the perimeter of tourist areas of exceptional affluence or permanent cultural activities is delimited by decision of the prefect taken on a proposal from the municipal council.
The necessary authorizations are granted by the prefect after consulting the bodies mentioned in the sixth paragraph of article L. 221-6.
A decree in Council of State fixes the modalities of application of this article.
Article L221-9
(Decree n ° 75-493 of June 11, 1975 Official Journal of June 20, 1975)(Law n ° 93-1313 of December 20, 1993 art. 44 IV Official Journal of December 21, 1993)

Establishments belonging to the following categories are entitled to give weekly rest in shifts:
1. Manufacture of food products intended for immediate consumption;
2. Hotels, restaurants and drinking establishments;
3. Tobacco stores;
4. Natural flower shops;
5. Hospitals, hospices, asylums, psychiatric hospitals, retirement homes, dispensaries, nursing homes, pharmacies;
6. Bathing establishments;
7. Newspaper and information companies;
8. Entertainment companies;
9. Museums and exhibitions;
10. Chairs and means of transport rental companies;
11. Lighting, water supply and motive power company;
12. Land transport companies other than railways; air transport and work companies;
13. Undertakings for transmitting and receiving wireless telegraphy;
14. Presentation and permanent exhibition spaces whose activity is exclusive of any sale to the public, reserved for producers, resellers or service providers.

A Council of State decree lists the other categories of establishments which may benefit from the right to give weekly rest on a rotating basis.

Article L221-10
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)(Law n ° 87-423 of June 19, 1987 art. 16 Official Journal of June 20, 1987)

(Law n ° 93-1313 of December 20, 1993 art. 44 II Official Journal of December 21, 1993)

The right to give weekly rest on a rotating basis is also allowed;
1. Industries where materials susceptible to very rapid deterioration are used;
2. Industries in which any interruption of work would result in the loss or depreciation of the product being manufactured.
3. Industries or industrial enterprises in which an extended collective agreement or agreement or an enterprise agreement or agreement provides for the possibility of organizing work on a continuous basis for economic reasons. In the absence of an extended collective agreement or agreement or a company agreement or agreement, a Council of State decree may provide for the conditions under which the exemption provided for in the first paragraph may be granted.

A decree in the Council of State fixes the nomenclature of the industries included in the first two categories defined above.

Article L221-11
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The methods of application of the weekly rest to specialists engaged in manufacturing or continuous operations in factories with continuous fire or continuous operation, are determined by a decree in the Council of State. The rest to which these specialists are entitled may be partially deferred provided that, in a given period, the number of consecutive twenty-four hours rest is always at least equal to that of the weeks included in the said period and that each employee has the more rest possible on Sunday.

The decree of the Council of State lists the manufactures or operations to which this exemption applies and determines, for each of them, the maximum duration of the above period.

Article L221-12
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)In the event of urgent work the immediate execution of which is necessary to organize rescue measures, to prevent imminent accidents or to repair accidents occurring to the equipment, installations or buildings of the establishment, the weekly rest may be suspended for the personnel required to carry out urgent work.
This suspension option applies not only to the employees of the company where the urgent work is necessary, but also to those of another company doing the repairs on behalf of the first. In this second company, each employee must enjoy compensatory rest for a period equal to the abolished rest. The same is true for the employees of the first company usually employed in the maintenance and repair service.
Article L221-13
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)In any industrial or commercial establishment which has weekly rest on the same day for all staff, this rest may be reduced to half a day for persons employed in the operation of generators and prime movers, in lubrication and in inspecting equipment. transmissions, the cleaning of industrial premises, the care to be given to horses and generally all maintenance work which must necessarily be done on the collective rest day and which are essential to avoid a delay in the normal resumption of work.
In the event that the weekly rest has been reduced by virtue of the previous paragraph, compensatory rest must be given at the rate of one full day for two reductions in
Article L221-14
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The exceptions to weekly rest provided for in Articles L. 221-12 and L. 221-13 do not apply to young workers under the age of eighteen and to women.
Article L221-15
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The guards and janitors of industrial and commercial establishments to which weekly rest cannot be given must have compensatory rest.

The exemption from weekly rest provided for in this article does not apply to young workers under the age of eighteen and to underage girls.

Article L221-16
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)A decree in the Council of State determines the establishments for the sale of retail foodstuffs where the rest can be given on Sundays from noon with a compensatory rest, by shift and by week, of another afternoon for the employees. under the age of twenty-one housed with employers and on a rotating basis and per fortnight, for a full day for other employees.
Article L221-16-1
(inserted by Law n ° 2000-37 of January 19, 2000 art. 10 Official Journal of January 20, 2000 in force on February 1, 2000)The labor inspector may, notwithstanding all criminal proceedings, seize the president of the tribunal de grande instance in summary proceedings to order all measures to put an end to the illicit use of employees in violation of the provisions of articles L. 221-5 and L. 221-16 or in violation of articles 41 (a and b) and 105 (i) of the professional code applicable in the departments of Moselle, Bas-Rhin and Haut-Rhin.
The president of the court may in particular order the closure on Sunday of the establishment (s) concerned. He can add to his decision a fine which will be liquidated for the benefit of the Treasury.
Article L221-17
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23) (Law n ° 92-60 of January 18, 1992 art. 9 Official Journal of January 21, 1992)When an agreement has been reached between the employers ‘and workers’ unions of a given profession and region on the conditions under which weekly rest is given to staff according to one of the methods provided for in the preceding articles, the prefect of Department may, by decree, at the request of the unions concerned, order the closing to the public of establishments in the profession or in the region for the duration of this rest. These provisions do not apply to activities for which the operating and payment methods are automated.

However, when this decree concerns establishments contributing directly to the provision of foodstuffs to the population, it may be repealed or modified by the Minister in charge of labor. The minister’s decision can only be made after the expiration of a period of six months from the implementation of the prefectural decree; it must be preceded by consultation of the professional organizations concerned.

Article L221-18
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The closure provided for in the previous article does not apply to the stands of exhibitors in the enclosure of exhibitions, fairs or shows appearing on a determined list, after consultation of the organizations of employers and workers concerned, by decree taken in concert. between the ministers responsible for labor and trade.

Only events whose duration does not exceed three weeks and which are organized by public establishments, recognized as being of public utility or having obtained, for five consecutive years, the patronage of the Minister in charge of trade.

Exhibitors admitted to benefit from the above provisions may grant their staff weekly rest under the conditions provided for in Articles L. 221-9 and L. 221-10.

Article L221-19
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)(Law n ° 93-1313 of December 20, 1993 art. 44 V Official Journal of December 21, 1993)

In retail establishments where the weekly rest normally takes place on Sundays, this rest may be canceled on designated Sundays, for each retail business, by a decree of the mayor (or the prefect, in the case of Paris ) taken after consultation with the organizations of employers and workers concerned. The number of these Sundays cannot exceed five per year.

Each employee thus deprived of Sunday rest must benefit from a compensatory rest and a salary increase for this exceptional working day, equal to the value of one thirtieth of his monthly salary or to the value of a working day. work if the person concerned is paid by the day. The municipal (or prefectural, if it is Paris) decree determines the conditions under which this rest is granted, either collectively or by rotation in a period which cannot exceed the fortnight preceding or following the abolition of the rest. . If the Sunday rest is abolished on a Sunday preceding a legal holiday, the compensatory rest is given on the day of this holiday.

Article L221-20
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The employment of workers on the weekly rest day for loading and unloading work in ports, landing stages and stations is authorized in the same cases and under the same conditions as those in which their working hours may be extended for the same work. by virtue of the decrees determining the conditions of application of the legislative provisions relating to working hours.
Article L221-21
(Law n ° 85-30 of January 9, 1985 art. 63 II Official Journal of January 10, 1985)A decree in the Council of State determines the industries operating only during part of the year in which the weekly rest may be partially deferred under the conditions provided for by Article L. 221-11 for continuous fire factories or continuous operation, provided that each worker has at least two days per month, as much as possible on Sundays.

Establishments which belong to the branches of activity of a seasonal nature determined by decree and which only open in whole or in part only during a period of the year may benefit from the same exemption.

Article L221-22
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)Industries dealing with perishable materials or having to respond at certain times to an extraordinary increase in work and which are determined by a decree in the Council of State may suspend the weekly rest of their staff at most twice a month and without the number of these suspensions in the year is more than six.
The working hours thus worked on the weekly day of rest are considered as overtime and charged to the overtime credit provided for by the decrees determining the conditions of application of the legislative provisions relating to working hours.
Article L221-23
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)A Council of State decree establishes the nomenclature of specific industries which must be included in the general categories set out in Articles L. 221-20, L. 221-21 and L. 221-22 with regard to young workers and women.
Article L221-24
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The decrees of the Council of State provided for by articles L. 221-11, L. 221-16, L. 221-21, L. 221-22 and L. 221-23 are taken in the forms provided for in article L. 212-2 for the decrees which determine the conditions of application of the legislative provisions relating to the working hours.
Article L221-25
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)In State establishments as well as in those where work is carried out on behalf of the State and in the interest of national defense, weekly rest may be temporarily suspended by the ministers concerned.
Article L221-26
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)Decrees in the Council of State organize the control of rest days for all establishments, whether the weekly rest is collective or whether it is organized on a rotating basis.
They also determine the conditions of the notice which must be sent to the labor inspector by the head of any establishment which benefits from the exemptions.
Article L221-27
(inserted by Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973 in force on November 23)The disciplinary chambers responsible for ministerial offices ensure, under the supervision of the prosecution, the application of this chapter to clerics, clerks and employees of studies and registries in these offices.

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