© - ATH all rights reserved - Edition 2024 39 2024 EMPLOYER’S GUIDE EXEMPTIONS GRANTED BY THE PRÉFET OR LOCAL AUTHORITY Temporary exemptions are granted by the préfet for retail stores if making Sunday the rest day for employees is prejudicial to the public or compromises the normal operation of the business. Authorisation is given, in accordance with a specific procedure, for a period of 3 years maximum. Only employees who volunteer to do so can work on a Sunday. A collective agreement determines the considerations received by employees. In the event of a unilateral decision by the employer approved by referendum, employees receive double pay for working on a Sunday and time off in lieu. In non-food retail stores, where the weekly day off is normally Sunday, this can be changed for 12 Sundays a year, by decision of the local authority. Employees are paid at least double their normal pay due for an equivalent period and are given equivalent time off in lieu. Only employees who have volunteered and agreed in writing can work on Sundays. A list of the Sundays must be determined before 31 December for the following year. EXEMPTIONS IN CERTAIN GEOGRAPHICAL AREAS Retail businesses supplying goods and services situated in certain areas of the country can grant weekly time off by rotation to all or part of their staff. So some employees may have to work on Sunday. To enable this, the business concerned must be covered either by a company agreement or otherwise a sector agreement, or an agreement signed for a geographical area. Working on a Sunay is voluntary and compulsory compensations are due, particularly in the form of a salary. Four types of areas are defined by law : international tourist zones (ZTI), commercial zones, tourist zones and certain exceptionally busy railway stations. ZTIs have been established by decree in certain districts of Paris and provincial cities (Cannes, Deauville, Nice…). A decree has also identified the stations where shops can open on a Sunday (Paris, Lyon Part Dieu, Bordeaux Saint-Jean…). Commercial areas and tourist areas are determined by the préfet. Ask us about the procedures for Sunday working, in certain geographical areas, for companies with less than 11 employees. Ask us : a special exemption from Sunday rest is implemented for the 2024 Olympic Games for retail stores located close to competition venues. NOTIFICATION OF EMPLOYEES When time off is given collectively to all staff on a day other than Sunday, the employer indicates the days and times applicable by all available means. When time off is not given collectively to all staff on Sunday, the employer must keep a weekly register of time off.
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