Sunday work of a private sector employee
Verified 10 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Can an employee be forced to work on Sundays? Sunday is normally a legal day of rest. But exceptions do exist. This is called derogation at Sunday rest. There are several administrative derogations allowing work to be organized on Sundays: permanent, conventional, prefectural, municipal or geographical derogation and tourist derogation. Special provisions apply to Alsace-Moselle. We present you with the information you need to know.
Vidéo - Are we paid twice if we work on Sundays?
Are we paid twice if we work on Sundays?
It's a common misconception!
The law does not require you to pay a pay increase when you work on a Sunday. And this, whether occasionally or weekly.
Working on Sundays can be common in certain sectors of the retail or food trade - for example, restaurants, bakeries, hotels, or in a DIY or garden shop. It may also occur frequently in an industry where facilities must remain open for public use, such as a health facility.
Whatever the sector, your salary is not necessarily increased if you work on Sundays.
However, the collective agreement in your sector of activity or your contract of employment may provide for compensatory rest, for example on a weekday.
Finally, even if you are not required to do so by law, your employer may decide to pay you a salary increase if they wish.
In a food retail business, the employee may be required to work permanently on Sundays under conditions which vary according to the type of business.
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Shop manufacturing food products for immediate consumption on the spot (examples: bakery, pastry)
The employee may be obligated to work on Sundays at the request of the employer.
In food retail shops, weekly rest can be given on Sundays from 13 hours.
Employees shall be entitled to compensatory rest, on a rotational basis and every fortnight, for a whole day.
Employees aged between under 21 years in their employers' homes, they receive a compensatory rest, per shift and per week, for another afternoon.
Regardless of the sector of activity of the employee, the law does not impose the mandatory payment of a salary increase when he works on a Sunday, either occasionally or weekly.
However, even if the employer is not obliged to do so by law, the employer may decide to pay the employee a salary increase if he so wishes.
In addition, the collective agreement or the employee's employment contract may provide for consideration in compensating rest, such as a day off during the week.
Other shops (examples: general food, butcher's shop, cheese factory)
The employee may be obligated to work on Sundays at the request of the employer.
In food retail shops, weekly rest can be given on Sundays from 13 hours.
Employees shall be entitled to compensatory rest, on a rotational basis and every fortnight, for a whole day.
Employees aged between under 21 years in their employers' homes, they receive a compensatory rest, per shift and per week, for another afternoon.
Regardless of the sector of activity of the employee, the law does not impose the mandatory payment of a salary increase when he works on a Sunday, either occasionally or weekly.
However, even if the employer is not obliged to do so by law, the employer may decide to pay the employee a salary increase if he so wishes.
In addition, the collective agreement or the employee's employment contract may provide for consideration in compensating rest, such as a day off during the week.
Business with a sales area of more than 400 m² (supermarket or hypermarket)
A supermarket or hypermarket is a self-service retail establishment that is most often located on the outskirts of cities.
The employee may be obligated to work on Sundays at the request of the employer, until 1 p.m. maximum.
The employee may be obliged to work on Sundays from 1:00 pm if he works in a business located in one of the following areas:
- Tourist area (TZ), international tourist area (ZTI), commercial area (ZC)
- The station is exceptionally busy.
In this case, from 1 p.m., the employee benefits from specific conditions applicable to shops located in one of these areas.
There is a pay increase of at least 30%.
The employee has a full day's rest. This day is fixed in shifts and fortnightly.
Trade with a sales area of 400 m² or less
This type of business includes grocery stores that meet the common needs of a neighboring clientele.
The employee may be obligated to work on Sundays at the request of the employer, until 1 p.m. maximum.
The employee may be obliged to work on Sundays from 1 p.m. if he works in a shop located in an international tourist zone (ZTI) or in a station experiencing exceptional crowding.
The salary is not increased.
However, treaty provisions or an agreement of the employer may provide for an increase.
The employee has a full day's rest. This day is fixed in shifts and fortnightly.
Hotels, cafés and restaurants
The employee may be obligated to work on Sundays at the request of the employer.
In general, there are no wage increases or compensation measures (e.g. additional rest).
However, treaty provisions or a collective agreement of the employer may provide for a salary increase and/or compensation measures.
Regardless of the sector of activity of the employee, the law does not impose the mandatory payment of a salary increase when he works on a Sunday, either occasionally or weekly.
However, even if the employer is not obliged to do so by law, the employer may decide to pay the employee a salary increase if he so wishes.
In addition, the collective agreement or the employee's employment contract may provide for consideration in compensating rest, such as a day off during the week.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
The employee may be obligated to work on Sundays at the request of the employer.
This derogation from Sunday rest must be provided for by collective agreement.
This authorization is provided for when the work is organized continuously throughout the week for economic reasons (industrial company, for example).
If this is the case, the counterparties (including wage-earners) are determined by the collective agreement.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
The prefect may grant derogations from the principle of Sunday rest with the aim of avoiding harm to the public or to the normal functioning of the company or establishment.
The authorization granted may be extended to several or all establishments in the same locality carrying out the same activity and addressing the same customers.
The employee may refuse to work on Sundays. Such refusal may in no case constitute fault or grounds for dismissal or justify discriminatory measures in the course of work.
The employee must give his written consent.
Regardless of the sector of activity of the employee, the law does not impose the mandatory payment of a salary increase when he works on a Sunday, either occasionally or weekly.
However, even if the employer is not obliged to do so by law, the employer may decide to pay the employee a salary increase if he so wishes.
In addition, the collective agreement or the employee's employment contract may provide for consideration in compensating rest, such as a day off during the week.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
For a business where all employees are usually at rest on Sundays, the mayor may provide for derogations from Sunday rest. That's what we call the Mayor's Sundays.
Such derogations may not exceed 12 Sundays a year.
The list of Sundays covered by the derogation must be drawn up before 31 December of year N-1.
Warning
the maximum number of sundays opened following the mayor's derogation may be lowered for supermarkets and hypermarkets.
The employee may refuse to work on Sundays. Such refusal may in no case constitute fault or grounds for dismissal or justify discriminatory measures in the course of work.
The employee must give his written consent.
The remuneration of the employee shall be at least twice the remuneration normally due for an equivalent period.
The employee is entitled to an equivalent additional rest period in time (a working day on Sunday is equivalent to a day off in compensation).
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
The employee may be obligated to work on Sundays at the request of the employer.
An employee of a company whose operation or opening is made necessary by the constraints of production, activity or the needs of the public may be required to work on Sundays.
This is the case in particular with the following companies:
- Health and care facilities (clinics, thalassotherapy, balneotherapy)
- Recreational, cultural and sports activities (shows, museums, exhibitions, casinos, amusement parks)
- Newspaper and information companies
- Furniture shops
- Florists.
The salary is not increased.
However, treaty provisions or an agreement of the employer may provide for an increase.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
The employee may be required to work on Sundays if his activity is tourist area (ZT), in International Tourism Zone (ITZ), in a station experiencing exceptional crowding or in commercial area (CA)
International tourist area
International tourist areas stand out for their international reach and theexceptional affluence foreigner tourists they generate.
Region | Department | International tourist areas |
|---|---|---|
Île-de-France | Paris (75) | Saint-Honoré-Vendôme (1er back.) Les Halles (1er back.) The Marais (3e back.) Rennes Saint Sulpice (6e back.) Saint-Germain (7e back.) Champs Élysées-Montaigne (8e back.) Haussmann (8e back.) Beaugrenelle (15e back.) Convention Center (17e back.) Montmartre (18e back.) |
Hauts-de-Seine (92) | Paris La Défense | |
Val-de-Marne (94) | Serris-Val d'Europe | |
Normandy | Calvados (14) | Deauville |
Pays de la Loire | Loire-Atlantique (44) | La Baule-Escoublac |
Provence-Alpes-Côte d'Azur | Alpes-Maritimes (06) | Antibes Cagnes-sur-Mer Cannes Nice Saint-Laurent-du-Var |
Example :
A clothing shop is located at Deauville. The manager wants to open his shop on Sunday but he needs to 3 employees to help her. This opening is authorized because Deauville is an international tourist zone.
Simple tourist area
The tourist areas welcome, during certain periods of the year, a significant additional population because of their natural, artistic, cultural or historical characteristics or the existence of recreational or thermal facilities.
Tourist areas are defined by Prefectural Decree.
Main station
The employee can be brought on Sundays if he works in one of the following major stations :
- Paris Saint-Lazare, Paris Gare du Nord, Paris Gare de l'Est, Paris Montparnasse, Paris Gare de Lyon, Paris Austerlitz)
- Avignon-TGV
- Bordeaux Saint Jean
- Lyon Part-Dieu
- Marseille Saint-Charles
- Montpellier Saint-Roch
- Nice-Ville.
Example :
A clothing shop is located at Paris Saint-Lazare. The manager wants to open his shop on Sunday but he needs to 3 employees to help her. This opening is authorized because Paris Saint-Lazare is a large train station.
Commercial Area
Trade zones are a collection of businesses.
They are characterized by particularly high demand and commercial supply.
These areas must meet the following conditions:
- Area greater than 20,000 m²
- Number of customers per year greater than 2 million
- Accessible by individual and collective transport.
Please note
if the trade area is located within 30 km of a competing area established in a border country, the required area shall be reduced to 2,000 m² and the number of customers at 200,000 per year.
Commercial areas are defined by Prefectural Decree.
The employee may refuse to work on Sundays.
Such refusal may in no case constitute fault or grounds for dismissal,
If the employee agrees to work on Sundays, he must give his agreement in writing to the employer.
The employee can ask to stop working on Sunday or to work 1 Sunday per month instead of 2.
If the employee works on Sunday, the salary is increased.
The rate of the wage increase is fixed by an agreement (collective, territorial or negotiated).
If a company agreement provides for them, the employee may benefit from the measures concerning:
- Facilitating the reconciliation of work and personal life
- Compensation for childcare expenses
- Taking into account the evolution of the personal situation.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
The departments of Haut-Rhin, Bas-Rhin and Moselle are not subject to the same legislation than the other French departments.
Shops open on Sundays and public holidays forbidden.
However, derogations are planned to meet the needs of the population and the development of tourism in the department.
Thus, the employee may be obliged to work on Sundays at the request of the employer.
The following shops can open on Sundays and public holidays (no time restriction):
- Tobacco flows
- Newsstands
- Florists
- Bakeries
- Pastry and ice cream makers
- Petrol stations and emergency troubleshooting services
- Dealers, antique dealers and booksellers
- Souvenirs and local handicraft shops
- Craft shops and art galleries
- Rental of vehicles and cycles
- Shops in train stations
- Internet cafes
- Sandwich shops and take-away restaurants.
General grocery stores with an area of 200 m² or less may open up to 13 hours.
Regardless of the sector of activity of the employee, the law does not impose the mandatory payment of a salary increase when he works on a Sunday, either occasionally or weekly.
However, even if the employer is not obliged to do so by law, the employer may decide to pay the employee a salary increase if he so wishes.
In addition, the collective agreement or the employee's employment contract may provide for consideration in compensating rest, such as a day off during the week.
Warning
In principle, an employee under 18 can't work on Sundays. The only exception is that he can work on Sundays if he is an apprentice and works in the following sectors:
- Hotels, catering, catering and reception organizer
- Coffee, tobacco and beverage outlet
- Bakery, pastry shop, butcher's shop, cooked meats, cheese-cream shop, fish shop
- Shop selling natural flowers, gardening and graineering.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
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The informants who answer you belong to the ministry responsible for labor.
Employee working in a food retail trade or in a non-trade sector
Employee working in a trade with a prefectural exemption
Employee working in a non-food retail trade located either in a tourist zone (ZT), an international tourist zone (ZTI), a commercial zone (ZC) or in a station with exceptional traffic
Derogations of the Mayor
Derogation from Sunday rest for employees under 18 (principle)
Employee working in another sector (list of derogating sectors)
Derogation from Sunday rest for employees under 18 (list of derogating sectors)
Special provisions for the departments of Moselle, Bas-Rhin and Haut-Rhin