French Labour Code
In forceBy way of derogation from Article L. 3122-2, for retail establishments which provide goods and services and which are located in the areas referred to in Article L. 3132-24, the period of night work, if it begins after 10 p.m., is at least seven consecutive hours, including the period between midnight and 7 a.m.
In the establishments mentioned in the first paragraph of this article, only voluntary employees who have given their written agreement to their employer may work between 9 p.m. and midnight. A company may not take a person's refusal to work between 9 p.m. and the start of the night work period as a reason for refusing to take him on. An employee who refuses to work between 9 p.m. and the start of the night shift may not be discriminated against in the performance of his or her employment contract. An employee's refusal to work between 9 p.m. and the start of the night shift does not constitute misconduct or grounds for dismissal.
Each hour worked during the period between 9 p.m. and the start of the night work period is remunerated at least twice the remuneration normally due and gives rise to an equivalent amount of time off in lieu.
Articles L. 3122-10 to L. 3122-14 apply to employees who work between 9 p.m. and midnight, as long as they work the minimum number of hours provided for in article L. 3122-5 during this period.
When, during the same reference period mentioned in 2° of article L. 3122-5, the employee has worked hours between 9 p.m. and the beginning of the night period in application of the first two paragraphs of this article and hours of night work in application of the same article L. 3122-5, the hours are cumulated for the application of the penultimate paragraph of this article and the said article L. 3122-5.
