Employee's daily rest

Verified 20 September 2023 - Directorate for Legal and Administrative Information (Prime Minister)

What is the legal daily rest period of an employee between 2 working days? Are there any exceptions to this period? Is the duration of rest the same if the employee is an adult or a minor?

We present you with the information you need to know.

Major employee

All employees (inDTA: titleContent, in CSD: titleContent, on an interim contract, working full-time or part-time) shall be entitled to minimum daily rest between two days of work.

The employee receives a daily rest at least 11 consecutive hours between two days of work.

Warning  

no minimum legal term is imposed on senior managers.

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Specific activities

Certain activities allow you to do not apply the daily rest period of 11 hours.

It's the case if the employee exercises any of the next activities :

  • Activities characterized by distance between home and workplace or between different places of work of the employee
  • Custody and supervision and permanence characterized by the protection of property and persons
  • Activities that require continuity of service or production
  • Handling or operation involved in the provision of transport services
  • Activities carried out in periods of work split up over the day

The minimum duration rest period is then fixed by collective agreement or collective company agreement.

However, the daily rest period may not not be less than 9 consecutive hours.

Please note

Non-application of the maximum daily working time, fixed at 10 hours, is possible. However, the employer must then grant the employee a rest period at least equivalent to the working time spent beyond the legal daily duration.

Increased activity

In case of increased activity, a collective agreement or a collective company agreement may provide for a reduction of the daily rest period.

However, the daily rest period may not not be less than 9 consecutive hours.

In the absence of a collective agreement or company agreement, the employer must obtain the authorization of the labor inspector if he wishes not to implement the legal daily rest period.

Please note

Non-application of the maximum daily working time, fixed at 10 hours, is possible. However, the employer must then grant the employee a rest period at least equivalent to the working time spent beyond the legal daily duration.

Urgent work

The employer may do not apply the daily rest period when the urgent work The following should be done without delay:

  • Rescue measures
  • Prevention of imminent accidents
  • Repair of accidents to equipment, installations or buildings

The employer must inform the labor inspector.

However, the duration daily rest period shall not be less than 9 consecutive hours.

Please note

Non-application of the maximum daily working time, fixed at 10 hours, is possible. However, the employer must then grant the employee a rest period at least equivalent to the working time spent beyond the legal daily duration.

Minor employee

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Between 16 and 18 years old

The employee receives a daily rest at least 12 consecutive hours between two days of work.

Please note

he is forbidden to employ a young person aged between 16 and 18 between 10pm and 6am. However, derogations exist for certain sectors of activity or in emergency situations.

Under 16

The employee receives a daily rest at least 14 consecutive hours between two days of work.

Please note

he is forbidden to employ a young person under the age of 16 between 8pm and 6am. However, derogations exist for certain sectors of activity or in emergency situations.

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