Pupils and students of full age
Pupils and students of full age employed during school holidays may work on Sunday or on a statutory public holiday.
Increases of remuneration under the general law apply (FAQ D5e6 and FAQ D9a3) :
Work on Sunday
Sunday work confers on employees the right to an increase of remuneration of 70% for each hour worked on a Sunday.
Employees working on a Sunday are entitled to compensatory rest corresponding to:
- a full day, if the Sunday work lasted more than 4 hours;
- a half day, if the Sunday work did not exceed 4 hours.
In cases of compensatory rest, only the supplement of 70% is due.
It should be noted that where work has not exceeded 4 hours, the compensatory rest must be granted before or after 1 p.m. and on that day the period of work may not exceed five hours.
Work on a statutory public holiday
Remuneration for work on a statutory public holiday which falls on a working day
If the employee is required to work on a statutory public holiday, he is entitled for each statutory public holiday falling on a working day to remuneration corresponding to:
- remuneration for the number of hours which would normally have been worked on that day at the normal hourly rate
- + remuneration for the hours actually worked during that day at the normal hourly rate
- + an increase of 100% of the normal hourly rate for hours actually worked during that day.
The total remuneration for work during a statutory public holiday thus amounts to 300%.
The legislature has made no provision for compensatory leave for working on a statutory public holiday which falls on a working day.
However, a day of compensatory leave is provided for for a worked statutory public holiday falling on a day of the week on which the employee would not have worked, in accordance with the stipulations of his employment contract. In such case, the total remuneration amounts to 200% in addition to the above-mentioned compensatory day’s leave; such compensatory leave must be granted within a period of 3 months (draft Law No 4828/0, page 3).
Remuneration for working on a statutory public holiday which falls on a Sunday
An employee who works on a statutory public holiday falling on a Sunday is entitled:
- in order to compensate for the public holiday falling on a Sunday:
- a day of compensatory leave to be taken individually within a period of 3 months following the date of the public holiday in question;
- in order to compensate for work on a statutory public holiday:
- remuneration for the hours actually worked on that day at the normal hourly rate
- + increase for a statutory holiday = 100% of the normal hourly tariff for the hours actually worked on that day
- in order to compensate for working on a Sunday :
- increase of salary of 70% of the normal hourly rate for the hours worked on Sunday.
If the hours thus worked on the Sunday constitute at the same time overtime for the employee, he is also entitled to an increase of 40% or compensatory rest at the rate of one-hour-and-a-half for each hour of overtime worked.
Pupils and teenage students (from 15 to 18 years)
By way of exception, and in accordance with Article L.151-7(2), point 2, of the Labour Code, pupils or teenage students (from 15 to 18 years) employed during school holidays may also work on a Sunday or on a statutory public holiday.
For Sunday work, the applicable increases are as follows:
- During the period of twelve days immediately following the Sunday or statutory public holiday worked, a full compensatory rest day must be granted for the Sunday or statutory legal holiday spent in the service of the employer.
- Supplement of 100%.
It is to be noted that teenagers must be excused from working on one Sunday out of every two, with the exception, for the hospitality and catering industry, of the months of July and August, when that limitation does not apply.
For working on a statutory public holiday, the applicable increases are as follows:
- During the period of twelve days immediately following the Sunday or statutory public holiday worked, a full compensatory rest day must be granted for the Sunday or statutory legal holiday spent in the service of the employer.
- Same salary as for Sunday work, in addition to the allowances provided for by Articles L.232-6 and L.232-7 of the Labour Code.