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.
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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- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
- Service free
The informants who answer you belong to the ministry responsible for labor.
Legal duration (public policy)
Derogation from the legal duration (scope of collective bargaining)
Derogation from the legal duration (supplementary provisions)
Employee under 18 years
Derogation from the legal period (public policy)
Derogation from the legal duration (scope of collective bargaining)
Derogation from the legal duration (supplementary provisions)