French Labour Code
In forceI. - The authorisations provided for in article L. 3132-20 are granted on the basis of a collective agreement or, failing that, a unilateral decision by the employer taken after a referendum.
The collective agreement sets out the compensation granted to employees deprived of Sunday rest as well as the commitments made in terms of employment or in favour of certain groups in difficulty or disabled people.
In the absence of an applicable collective agreement, authorisations are granted on the basis of a unilateral decision by the employer, taken after consulting the social and economic committee, if there is one, and approved by a referendum organised among the employees affected by this derogation from Sunday rest. The employer's decision approved by referendum sets out the compensation granted to employees deprived of Sunday rest, as well as the commitments made in terms of employment or in favour of certain groups in difficulty or the disabled. In such cases, each employee deprived of Sunday rest is entitled to compensatory rest and receives remuneration for that working day at least equal to double the remuneration normally due for an equivalent period.
Where a collective agreement is duly negotiated subsequent to the unilateral decision taken on the basis of the previous paragraph, this agreement shall apply as soon as it is signed in place of the compensation provided for by this decision.
II. - In order to benefit from the option to provide weekly rest by rotation for all or some of the staff, as provided for in articles L. 3132-24, L. 3132-25, L. 3132-25-1 and L. 3132-25-6, establishments must be covered either by a company or establishment agreement or, failing this, a collective agreement at branch level, or by an agreement concluded at territorial level.
Collective agreements at branch, company or establishment level and territorial agreements shall provide for specific compensation to take account of the exceptional nature of work performed on Sundays.
The agreement referred to in the first paragraph of this II sets out the compensation, particularly in terms of pay, granted to employees deprived of Sunday rest, as well as the commitments made in terms of employment or in favour of certain groups in difficulty or disabled people. It also sets out the measures intended to facilitate the reconciliation of the professional and personal lives of employees deprived of Sunday rest. This paragraph also applies to establishments other than those mentioned in article L. 3132-12 for their employees who work in the sales area of an establishment located in one of the zones mentioned in articles L. 3132-24, L. 3132-25 and L. 3132-25-1 or in one of the stations mentioned in article L. 3132-25-6.
The agreement sets out the compensatory measures implemented by the employer to offset the costs of childcare for employees deprived of Sunday rest.
In establishments with fewer than eleven employees, in the absence of a collective agreement or an agreement concluded at a territorial level, the option mentioned in the first paragraph of this II is available after consultation by the employer with the employees concerned on the measures provided for under the second to fourth paragraphs and approval by the majority of them.
If the threshold of eleven employees mentioned in the fifth paragraph is exceeded, the first paragraph is applicable from the third consecutive year in which the workforce of the establishment employed in the zone reaches this threshold.
III. - In the cases provided for in I and II of this article, the agreement or the unilateral decision of the employer taken in application of article L. 3132-20 shall set the conditions under which the employer takes into account changes in the personal situation of employees deprived of Sunday rest.
