Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 8 of the Convention. Temporary exemptions. The Committee notes the information provided by the Government in reply to its previous comment on the application of section L.3132-5 of the Labour Code, which authorizes suspensions of the weekly rest period in certain industries dealing with perishable goods or which have to respond at certain times to an exceptional increase in workload. It notes the Government’s indications that the existence of the circumstances envisaged by this provision is very difficult to justify in the case of activities that are strictly commercial and non-industrial. The Committee also notes that employers that wish to suspend the weekly rest period under section L.3132-5 must immediately inform the labour inspector. As this consists of a procedure of information and not prior authorization, the Committee requests the Government to indicate the manner in which compliance is ensured in practice with the conditions set out in section L.3132-5 of the Labour Code for the application of exemptions to the normal weekly rest scheme. The Government is also requested to indicate the types of circumstances which may justify suspension of the weekly rest scheme in commercial establishments.

Part V of the report form. Application in practice. The Committee notes the information provided by the Government concerning the exemptions authorized to the normal weekly rest scheme, and particularly Sunday work. It notes that the Government reports an increase in unauthorized opening practices by food retail stores on Sunday afternoons and the measures adopted in this respect by the labour inspection services. The Committee also notes the ruling of 16 June 2010 by the Social Chamber of the Court of Cassation, recalling that the exemption from the right to Sunday rest envisaged in section L.3132-12 of the Labour Code is only granted to enterprises of which the principal activity is one of those enumerated in section R.3132-5 of the Labour Code and that consequently a company in which the principal activity is “do-it-yourself” cannot benefit from this exemption, as the activity is not contained in the schedule to section R.3132-5 of the Labour Code. Finally, the Committee notes that a new study by the Directorate of Research, Studies and Statistics (DARES) of the Ministry of Labour and Social Affairs on the practice of Sunday work will be published at the end of 2010. The Committee requests the Government to attach to its next report a copy of the study referred to above and of any other relevant publication. In general, the Government is requested to continue providing up-to-date information on the application of the Convention in practice, including statistics on the number of workers covered by the relevant legislation, extracts from the reports of the inspection services indicating the number of contraventions reported to the legal provisions on weekly rest and the measures taken to resolve them, information on the action taken by labour inspectors to ensure the veritable voluntary nature of Sunday work, copies of new collective agreements containing provisions on special weekly rest schemes and compensatory measures, etc.