New Law Dated August 10, 2009 Expands the Possibilities of Working on Sundays in France

November 2009
Alexandre Jaurett

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Although Sunday rest is still the general rule under French labor law, a recently adopted law permits work on Sunday for employees working in the tourist industry and areas with hot springs or natural thermal baths (thermal areas) and those working in urban areas with more than a million inhabitants.

This new law does not apply to food markets, which are allowed to remain open an hour longer on Sundays (i.e., until 1:00 p.m. instead of noon) further to a previous rule.

General Rule

In compliance with French labor laws, employees must not work for more than six consecutive days and they must be granted a minimum rest of 35 hours per week (i.e., one day off plus a minimum daily rest of eleven hours). Such rest should, in principle, be given on Sundays.

New or Amended Exceptions

The new law, in effect since August 12, 2009, both provides for new exceptions and extends existing exceptions for work on Sundays.

Tourist and Thermal Areas and Areas of Exceptionally High Tourist Traffic or Places of Cultural Interest

Pursuant to the new legal provisions, retailers in tourist and thermal cities or areas of exceptionally high tourist traffic or places of important cultural interest (a relevant list will be created by the French administration) may open their stores on Sundays throughout the year without obtaining prior authorization from the local authorities. Previously, such exception was limited to certain types of businesses and at certain periods during the year. In addition, retailers had to request the administration’s prior authorization. As a result of this new law, employees who fall within the provisions of the new law are not entitled to any additional salary or time-off compensation, unless a collective agreement provides otherwise. Thanks to this new law, the Louis Vuitton store on Champs-Elysées is now allowed to open its doors seven days a week.

Urban Areas and Cities with More than a Million Inhabitants

A new exception has been introduced for urban areas and cities with more than a million inhabitants where it has become customary in certain areas for consumers to shop on Sundays. Retail businesses in these areas may file individual or collective requests with the local authorities to obtain authorization permitting their employees to work on Sundays. Such authorization is limited to a five-year period and employees have to agree to work on Sundays. Note that an employee’s refusal to work constitutes neither a fault nor a valid ground of dismissal. Compensation for Sunday work is determined by either a collective agreement or by the employer’s unilateral decision. In the absence of a collective agreement, the law provides for a minimum compensation, i.e., compensatory rest in addition to double pay. Moreover, the employer must inform and consult the works council or staff delegates of the contemplated compensation and request the consent of the relevant employees through a referendum. The Préfet will list the relevant urban areas (currently Paris, Lyon, Marseille and Lille) and designate the areas in which an “exceptionally high level of consumption” has been recognized.

Exceptions Granted by Mayors

As before, city mayors may grant a maximum of five Sundays per year on which the retail stores are allowed to open, but the new law reinforces the employee’s rights in terms of compensation. Indeed, employees are now entitled to double pay and equivalent compensatory rest whereas, under the previous legislation, salary increases were limited to 33 percent and the duration of the compensatory rest was not determined.

Non-amended Exceptions

The existing exception for Sunday work applicable to hotels, bars, restaurants, museums, etc. remains unchanged. Similarly, exceptions for work on Sunday may be implemented within a specific industry (particularly manufacturing plants) through a collective bargaining agreement. 

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