Whilst in principle, and in accordance with Article L.211-5 of the Labour Code, working hours are strictly limited to 8 hours per day and 40 hours per week, greater flexibility may be applied in strictly defined sectors characterised by extraordinary seasonal peaks concentrated within a single period of the year, the duration of which may not exceed 6 weeks.
In fact, in those sectors, a collective agreement or a subordinate agreement may, under certain conditions, authorise a maximum daily working time exceeding 8 hours but not exceeding 12 hours and a maximum weekly working time of more than 40 hours but not exceeding 60 hours.
Thus, employers who for example provide the winter service in question may be regarded as forming part of a strictly limited sector, characterised by extraordinary seasonal peaks concentrated within a single part of the year and may also, in compliance with the conditions laid down by Article L.211-13 of the same Code, benefit from those special rules.
As regards the limit of 6 weeks, the fact must be made clear that it is not necessarily to be construed as making the applicability of the derogating regime subject to a predefined and continuous period of 6 weeks but may be interpreted as authorising the actual application, and where appropriate the non-continuous application, of those special derogations for a maximum of 6 weeks.
By providing for the possibility of extending working hours, by an agreement, to 12 hours per day and 60 hours per week, the Labour Code has set an upper limit which makes it possible, subject to the offsetting conditions laid down by the legislation, which are essential in order to avoid endangering the health and safety of employees or that of any other person, to reconcile employers’ constraints with the protection of workers.