Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Referring also to its previous comments, the Committee notes the information supplied by the Government in its report and the comments made by the French Democratic Confederation of Labour (CFDT).

The Committee notes that five-year Act No. 93-1313 of 20 December 1993 on work, employment and occupational training has extended the field of individual and temporary derogations to Sunday rest which prefects may grant to commercial establishments. Under section L221.8.1, derogations may be granted by the prefect when they respond to specific public needs, in municipalities or zones which are particularly busy because of their tourist, thermal resort or cultural nature. The procedure for granting a derogation requires, particularly, compulsory consultation of the municipal council, the Chamber of Commerce and Industry and the trade unions of the employers and employees affected in the municipality. The Committee also notes that under section L221-19 of the Labour Code, as amended by Act No. 93-1313 mentioned above, the weekly Sunday rest may be abolished (with compensatory rest) in retail establishments five Sundays a year by order of the mayor issued after an opinion from the employers' and workers' organizations concerned.

With reference to Article 6, paragraph 3, 7 and 8, of the Convention, the Committee requests the Government to supply information on the manner in which consultation of workers' representatives is guaranteed and on any difficulties encountered in the application in practice of the above-mentioned arrangements (including any court decisions constituting precedents).

The Committee notes that section R262-1-1 (Decree of 6 August 1992) which allows the labour inspector to apply to the president of the Court of Higher Instance (Tribunal de grande instance) in order to authorize any measure to put a stop to illegal work of employees violating weekly Sunday rest (mentioned by the Government in its report) has been declared illegal by the Council of State (Orders of 21 October 1994). The Committee requests the Government to indicate the measures taken or envisaged to ensure proper application of the rules or provisions relating to weekly rest, in accordance with Article 10 of the Convention.