Employee's weekly rest
Verified 26 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
What is the employee's weekly rest period? What is the legal weekly rest period for each employee? We explain the rest conditions per week according to your situation.
Employee over 18 years
Every employee must be granted a weekly rest period.
The weekly rest period for each employee, from one week to the next, is at least 24 consecutive hours.
In addition to these 24 legal hours, the daily rest requirement of 11 consecutive hours between 2 working days.
Therefore, the minimum weekly rest period from one week to the next isat least 35 consecutive hours.
FYI
These conditions do not apply to a trainee who is not a company employee. Special conditions apply for the apprentice on company.
In most cases, the employee receives 2 consecutive days of rest.
Example :
Weekly rest is on Saturday and Sunday or on Sunday and Monday depending on the activity of the company.
In the interests of the employee, the weekly day of rest is Sunday.
However, in some cases, the Sunday rest is not possible. The weekly rest period may either be postponed to a day other than Sunday or abolished, subject to conditions which vary according to the following derogations:
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Derogation according to field of activity
Urgent work
Weekly rest periods may be abolished for staff engaged in urgent work whose immediate performance is necessary for the following functions:
- Organization of rescue measures
- Prevention of imminent accidents
- Repair of accidents to equipment, installations or buildings of the establishment
This suspension applies to the employee of the company where the urgent work is needed and to the employee of another company making the repairs on behalf of the former.
Any employee whose weekly rest period has been abolished shall be entitled to compensating rest.
Compensatory rest must be of a duration equal to the period of rest which has been canceled.
Institution experiencing an extraordinary increase in work
If the employee works in a company which at certain times has to respond to an extraordinary increase in work, the weekly rest period may be abolished.
The weekly rest period may be abolished 2 times at most by mes and up to a maximum of 6 suspensions in the year.
Hours worked on the day of weekly rest shall be regarded as overtime.
Continuously operating industrial plant
The weekly rest period of an employee assigned to continuous work may be postponed.
In this case, a period of work must be fixed, during which the employee must have a number of consecutive 24-hour rest periods at least equal to the number of weeks included in that period.
As much as possible, these rest periods are given on Sundays.
Example :
Over a period of 4 weeks, the employee must have at least 4 consecutive weekly rest periods of 24 hours.
Work in ports, docks and stations
An employee engaged in loading and unloading work in ports, docks and stations may be required to work on a weekly day off.
Cleaning of industrial premises and maintenance work
If the establishment grants weekly rest on the same day to all employees, this rest may be reduced to half a day under the following conditions:
- The employee is assigned to the cleaning of industrial premises and maintenance
- This work must necessarily be carried out on the day of collective rest and is essential to avoid a delay in the normal resumption of work
One compensating rest is allocated for a full day for 2 half-day discounts.
National Defense Work
A ministerial decision may temporarily abolish the weekly rest period for an employee working in one of the following establishments:
- Establishment of the State
- Establishment carrying out work on behalf of the State
- Institution carrying out work in the interest of national defense
Derogation according to type of occupation
Industry dealing with perishable materials (bakeries, pastries, cold cuts, fruit and vegetable canning...)
The weekly rest period may be abolished Up to 2 times per month and up to 6 deletions per year.
Hours worked on the day of weekly rest shall be regarded as overtime.
Seasonal activities
Weekly rest may be deferred if the employee works in an establishment engaged in any of the following activities:
- Fruit, vegetable and fish canneries
- Hotels, restaurants, caterers and roasters
- Bathing establishments in thermal or climatic resorts
Deferral is possible only if the establishment opens in whole or in part only during a period of the year.
The employee must have at least 2 rest days per month and as much as possible on Sundays.
Custodian and concierge of industrial and commercial establishments
Where the caretaker and/or janitor of an industrial and commercial establishment cannot take his weekly rest period, he shall be entitled to a compensating rest.
Maternal assistant employed by a private individual
The maternal assistant shall be granted a weekly rest period of at least 24 hours. In addition to this weekly rest, there is a daily rest of 11 hours, i.e. minimum duration of 35 hours.
That day shall be specified in the contract. It is preferably served on Sundays. However, another day may be chosen by agreement between the employer and the maternal assistant.
When the childminder has several employers, the day of rest is the same for all employers.
Please note
if the child is exceptionally entrusted with the weekly day of rest, the child shall be paid at the normal rate plus 25% or recovered by an equivalent rest increased in the same proportions.
Employee of the individual employer
The employee shall be entitled to a weekly rest period ofa minimum of 35 consecutive hours.
The contract must include the usual weekly day of rest. It is preferably served on Sundays.
A young worker aged between 16 and 18 is entitled to at 36 consecutive hours rest per week, including Sunday.
Employee under 18 years
Any employee under the age of 18 shall be entitled to 2 consecutive rest days per week (for example, Saturday and Sunday).
FYI
These conditions do not apply to a trainee who is not a company employee. Special conditions apply for the apprentice on company.
However, treaty provisions or groups may provide for derogation, only if the employee is elderly at least 16 years old.
In case of derogation, the employee must be granted a minimum rest period 36 hours consecutive.
Situations and activities allowing not to apply the 2 consecutive rest days per week are:
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Derogation according to field of activity
Urgent work
Weekly rest periods may be abolished for staff engaged in urgent work whose immediate performance is necessary for the following functions:
- Organization of rescue measures
- Prevention of imminent accidents
- Repair of accidents to equipment, installations or buildings of the establishment
This suspension applies to the employee of the company where the urgent work is needed and to the employee of another company making the repairs on behalf of the former.
Any employee whose weekly rest period has been abolished shall be entitled to compensating rest.
Compensatory rest must be of a duration equal to the period of rest which has been canceled.
Institution experiencing an extraordinary increase in work
If the employee works in a company which at certain times has to respond to an extraordinary increase in work, the weekly rest period may be abolished.
The weekly rest period may be abolished Up to 2 times per month and up to a maximum of 6 suspensions in the year.
Hours worked on the day of weekly rest shall be regarded as overtime.
Continuously operating industrial plant
The weekly rest period of an employee assigned to continuous work may be postponed.
In this case, a period of work must be fixed, during which the employee must have a number of consecutive 24-hour rest periods at least equal to the number of weeks included in that period.
As much as possible, these rest periods are given on Sundays.
Example :
Over a period of 4 weeks, the employee must have at least 4 consecutive weekly rest periods of 24 hours.
Work in ports, docks and stations
An employee engaged in loading and unloading work in ports, docks and stations may be required to work on a weekly day off.
Cleaning of industrial premises and maintenance work
If the establishment grants weekly rest on the same day to all employees, this rest may be reduced to half a day under the following conditions:
- The employee is assigned to the cleaning of industrial premises and maintenance
- This work must necessarily be carried out on the day of collective rest and is essential to avoid a delay in the normal resumption of work
One compensating rest is allocated for a full day for 2 half-day discounts.
National Defense Work
A ministerial decision may temporarily abolish the weekly rest period for an employee working in one of the following establishments:
- Establishment of the State
- Establishment carrying out work on behalf of the State
- Institution carrying out work in the interest of national defense
Derogation according to type of occupation
Industry dealing with perishable materials (bakeries, pastries, cold cuts, fruit and vegetable canning...)
The weekly rest period may be abolished Up to 2 times per month and up to 6 deletions per year.
Hours worked on the day of weekly rest shall be regarded as overtime.
Seasonal activities
Weekly rest may be deferred if the employee works in an establishment engaged in any of the following activities:
- Fruit, vegetable and fish canneries
- Hotels, restaurants, caterers and roasters
- Bathing establishments in thermal or climatic resorts
Deferral is possible only if the establishment opens in whole or in part only during a period of the year.
The employee must have at least 2 rest days per month and as much as possible on Sundays.
Custodian and concierge of industrial and commercial establishments
Where the caretaker and/or janitor of an industrial and commercial establishment cannot take his weekly rest period, he shall be entitled to a compensating rest.
Employee of the individual employer
The employee shall be entitled to a weekly rest period ofa minimum of 35 consecutive hours.
The contract must include the usual weekly day of rest. It is preferably served on Sundays.
A young worker aged between 16 and 18 is entitled to at 36 consecutive hours rest per week, including Sunday.
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Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Duration, day(s) of rest
Derogation in case of urgent work
Derogation for industries dealing with perishable materials or having to cope with an extraordinary increase in work
Derogation in the case of work in ports, landing stages and stations
Derogation for seasonal activities
Derogation for cleaning of industrial premises and maintenance
Derogation in the case of work relating to national defense
Derogation for continuously operating industrial establishments
Derogation for custodians and caretakers of industrial and commercial establishments
Working time of the maternal assistant (Articles L423-21 to L423-22)
Derogation for employees under 18