Working Time Regulations and Employee Rights
Item 6: Work Session
Ordinary and Special Working Hours
1. Ordinary Working Hours
Time devoted to the agreed activity. The schedule specifies the daily service time, respecting the day’s duration. Discrepancies are resolved by law or agreements.
1.1 Scope
Applies to all employees, with a standard of 40 hours.
1.2 Duration, Distribution, and Calculation
1.2.1 Legal Duration
Determined by collective agreements or labor contracts, within legal limits (maximum 40 hours).
1.2.2 Distribution and Limitations
Generally agreed upon freely, but with legal limitations:
- Annual: Collective agreements or individual contracts must respect minimum daily and weekly rest periods.
- Weekly: Cannot exceed 40 hours on average annually, but distribution can vary throughout the year by collective agreement.
- Daily: Cannot exceed 9 hours, unless a collective agreement or contract establishes a different distribution while respecting minimum rest periods. Those under 18 cannot exceed 8 hours, including training.
1.2.3 Calculation: Actual Work and Presence
Calculated from arrival to departure. Includes actual work and time spent at the employer’s disposal.
1.3 Implementation Procedures
1.3.1 Night Work (22:00 – 06:00)
Prohibited for those under 18. Night workers must spend at least three hours of their time at night. Employers must inform the employment authority. Remuneration is determined by collective bargaining, unless the salary already compensates for night work or a specific agreement exists.
1.3.2 Shift Work
Teamwork where workers successively occupy the same jobs at different times. In 24-hour operations, shifts should rotate. Sunday and holiday shift work can be organized by full-week crews or by staffing to complete necessary equipment for specific days.
2. Special Working Hours
Specific regulations exist for certain sectors (trade, catering, security, field work, seafaring, transport, etc.). Those under 18 cannot exceed 8 hours. Continuous workdays exceeding 4.5 hours require a 30-minute break, and weekly rest must be two consecutive days. Night shifts and overtime are prohibited for minors. Reductions in regular working hours can be established by collective agreement, custom, or law, with prior consultation with worker representatives. Reductions can be due to: 1) Activity-specific health protection constraints, 2) Worker circumstances, 3) Legal circumstances, 4) Training periods, 5) Contract types (relay, internship, training, etc.), 6) Job search rights or licenses.
Unusual Reductions or Limitations
- Exposure to Environmental Risks: Working time can be reduced or limited to minimize exposure to harmful materials.
- Cold Storage Work: Depends on time spent in chambers, with mandatory breaks.
- Mining: Up to 35 hours of actual work.
- Personal Circumstances: Employees can request reduced working hours with 15 days’ notice.
- Legal Guardians: Entitled to reduced working hours with proportional salary reduction (between one-third and one-half) for childcare (under six years old), or care of a disabled family member requiring direct care.
- Breastfeeding: Mothers or parents of children under nine months are entitled to one hour of absence (divided or reduced) without salary reduction.
3. Overtime
Actual work beyond normal working hours. Excludes hours exceeding 40 per week but within the annual ordinary working day. Includes hours exceeding the agreed contract hours and hours exceeding 8 for those under 18.
3.1 Implementation
Voluntary unless otherwise agreed.
3.1.1 Enforceability
Mandatory if agreed upon or necessary to prevent or address issues. Limited to 80 hours per year.
3.1.2 Structural Overtime
Necessary for fulfilling orders, handling contingencies, or managing peak production periods.
3.1.3 Procedure
For control, the company must inform staff representatives monthly of hours considered structural, with prior notification.
3.2 Limit
Maximum 80 hours annually.
3.3 Compensation
- Payment at a rate no less than normal hours.
- Equivalent paid rest days. In the absence of an agreement, compensated by rest within the following months.
4. Breaks and Holidays
4.1 Breaks
- Weekly: Continuous day and a half, including Saturday afternoon or Monday morning and Sunday.
- Between Shifts: Minimum 12 hours.
- During the Day: Minimum 15 minutes for continuous workdays exceeding six hours.
- Annual Closing: As per regulations.
4.2 Holidays
Paid and non-recoverable, up to 14 per year (two local). If not enjoyed, compensatory rest and 175% of regular hourly rate for hours worked on that day must be provided.
4.3 Vacation
Paid leave determined by collective agreement. If not taken, it appears in the final settlement.