The French government presented Wednesday, 10 December the draft Macron law, a highly anticipated text on which the account executive for “unlock the French economy.” Touching on themes as diverse as the legal professions, employee savings or disposal of interests of the state, the bill “for the growth and activity” also wants to expand work on Sundays. A measure already decried by some of the left-wing majority and several trade unions.
Specifically, the text will authorize mayors to grant not 5 but 12 Sundays in the year to open shops .dropoff window On the proposal of councilors – or prefects – in some instances, the opening of shops in tourist and commercial areas will also be simplified. The shops of ten major stations will also be allowed to open on Sunday.
Work on Sundays does not deter everyone. Still need to know how high this effort will be compensated.
What does the law
The bill provides that “Sunday opening will be a majority agreement of employees, and subject to compensation, salary and rest. ” The Minister of Economy, Emmanuel Macron, found it necessary to emphasize this morning: “The principle of compensation will be present everywhere in the law”, regretting that currently “not binding in the 600 existing tourist areas “.
Companies will they depart?
The bill, as can now be read on the government website, however, states that these compensations, in salary and rest day, will apply “in all cases, especially for companies with over 11 employees. ” A sentence somewhat ambiguous, which might suggest that the government would like to exempt smaller companies from any compensation.
According to information from the “Figaro”, Emmanuel Macron could even dispense with wage compensation under the Companies 20 employees allowed to open on Sundays. A measure which, however, still was not completely arbitrated according to “Les Echos”, the PS asking, for its part, that “wage compensation remains the rule for all more than 10 employees.”
In the end, according to Europe 1, the government could choose to stay all companies “in the same boat.” He has abandoned the idea of a threshold and the rule would apply “to all stores, regardless of their size.” Stores should have up to three years after the enactment of the law to give effect to such financial compensation negotiated with employees.
The Minister did not specify for the time it happen to smaller firms in the 600 tourist areas that currently do not offer any wage compensation
The general rule:. a double salary on Sunday
Currently in retail business establishment where the weekly rest takes place normally on Sundays, each private employee of Sunday rest (during 5 Sundays existing today) receives compensation at least equal to twice the normal pay.
This doubling is also mandatory when the closure of the facility is considered prejudicial to the public or when the institution is located in a Chip (Perimeter exceptional consumer usage, concerning the Paris region, Marseille and Lille).
As part of Macron bill, the Secretary of State for the Budget Christian Eckert said that “the wages of doubling” of the employees concerned appeared “to be the basis from which we can discuss.” In the absence of agreement, the Government therefore advocate a statutory increase of 100% of salary.
In fact, less favorable agreements
In the legislation Nothing, however, that the doubling will be binding, since only the notion of compensation is mandatory. In other words, future agreements may agree to less favorable compensation. As is the case in some companies already using to work on Sunday.
In fact, whole sectors of the economy will not double the salaries Sunday and nothing says they will revisit the collective agreements and agreements. Starting with the tourism, catering and food trade, the rules are detailed in “Droit-finances.net”
The National Collective Agreement tourism organizations provides a special system. Employees often working on Sundays (over 8 Sundays per year) receive a compensation of 50% of their salary and are entitled to an equivalent rest hours worked. Conversely, employees working eight Sundays a year or less have to choose between paying a 50% compensation or recovery of 150% of hours worked (3 hours recovered for 2 hours worked).
In the catering sector, hours worked on Sundays are in principle not subject to any consideration both in terms of salary that compensatory rest, says “Droit-finances.net.” However, a text signed by the social partners or a decision of the employer may provide a possible additional hours or a rest in compensation.
The food retailers (grocery, butcher, cheese. ..) can open up to 13 hours on Sunday. The collective agreement retail and wholesale predominantly food currently provides that: “Employees who normally work on Sundays do not benefit from 3 consecutive half days of rest in the week are entitled to an increase in their basic hourly wage 20% for each hour worked that day. “
In contrast,” employees who work occasionally Sundays are entitled to an increase equal to 100% of the hourly ” .
Renaud February
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