If your employee works nights, he or she must be compensated in time and/or money, in accordance with your collective agreement. Here's a guide to understanding what is considered night work and how to compensate for these hours.
What is considered night work?
Night work is defined differently depending on the collective agreement, but it generally falls between 10pm and 7am. Here are the specifics for the HCR, fast-food and bakery sectors.
HCR (Hotels, Cafés, Restaurants)
Definition of night worker
An employee is considered to be a night worker if he or she performs actual work during the night period (10pm-7am):
At least 3 hours, 2 times a week;
At least 280 hours per calendar year for permanent establishments;
At least 70 hours per calendar quarter for seasonal establishments or seasonal employees of permanent establishments.
Compensation
Compensatory rest: 1% rest for each hour worked between 10 p.m. and 7 a.m. (fixed at 2 days per year for full-time employees present all year round).
Allocation procedures: Defined by the employer after consultation with staff representatives or, failing that, with employees.
Enhanced medical surveillance (SMR)
Night workers benefit from SMR, especially since the introduction of the French Labor Law.
Fast food
Definition of night worker
A night worker is an employee who performs actual work during the night (10pm-7am or 9pm-6am, depending on agreement):
At least 3 hours a day, 2 times a week ;
At least 360 hours over 12 consecutive months.
Compensation
Additional hours:
10% bonus for hours worked between midnight and 2am.
25% for hours worked between 2 a.m. and 6 a.m.
Compensatory rest: 2% per hour of working hours.
Transport benefit: Reimbursement of cab fares up to €20 per journey, in the absence of public transport after 10pm.
Enhanced medical surveillance (SMR)
Night workers benefit from SMR.
Bakery & Confectionery
Definition of night worker
An employee is considered to be a night worker if he or she performs actual work during the night (8pm-6am):
At least 2 times a week, 3 hours a night;
At least 270 hours of night work per calendar year.
Compensation
Additional hours: 25% of basic salary per hour of actual working hours between 8pm and 6am.
Compensatory rest:
1 day off for at least 270 hours of night work in the year.
2 days off for more than 600 hours of night work per year.
Pro rata temporis for contracts started or terminated during the year.
Enhanced medical surveillance (SMR)
Night workers benefit from SMR.
Conclusion
Be sure to check and respect the specific conditions of your collective agreement to adequately compensate your night-shift employees. If you have any further questions or need assistance, please do not hesitate to contact our support team.