PRACTICAL SHEET. The act Macron, 6 August 2015 has eased the conditions governing the use of Sunday work. You will find hereafter the main assumptions which allow you to do work of workers in the CONSTRUCTION industry on Sunday.
Sunday work in the CONSTRUCTION industry : a limited possibility for the collective agreements
The collective agreements of the CONSTRUCTION set principle, a maximum working time of 5 consecutive days, except in exceptional circumstances for urgent work or maintenance.
Furthermore, according to the provisions of the agreement, the rest is given to the Sunday and Saturday in priority, or on Monday.
Despite this rule, it is possible to make it work for workers in the CONSTRUCTION industry on Sunday, in certain circumstances.
Sunday work in the CONSTRUCTION industry : a possibility open in case of urgent work
In the case of urgent work to organize rescue measures, prevent accidents, imminent or repair of the accidents to equipment, facilities or buildings of the institution, it is possible to make it work for workers in the CONSTRUCTION industry on Sunday (labour Code, art. L. 3132-4).
This right applies to employees of the company where the works are urgently necessary, but also to the workers of the company doing the repairs for the account of the first.
on the basis of this exemption, a company of the BTP could do the work of the workers on Sunday to repair a gas leak or an electrical problem as soon as these jobs are urgent, and that the intervention aims to prevent accidents imminent.
In this case, you must notify the labour inspectorate before the commencement of work except in cases of force majeure. This information must contain :
– the circumstances which justify the suspension of the weekly rest period ;
– the date and the duration of the suspension ;
– the number of employees to which it applies.
Each employee must receive a compensatory rest of duration equal to the rest deleted.
Sunday work in the CONSTRUCTION industry : a faculty open to certain activities
Some companies may give the weekly rest by rotation, due to the nature of their activity.
The activities concerned are listed in article R 3132-5 of the labour Code, those that concern the CONSTRUCTION sector is specified in the attachment.
Activities in the CONSTRUCTION industry may be affected by the Sunday work
The question of the remuneration of hours worked on the Sunday is not treated by the law in these first two assumptions. Nevertheless, it is appropriate to refer to the local agreements that provide for the more often increases up to 100% for manual workers.
The case of ETAM, the collective agreements of the CONSTRUCTION industry specifically provide a wage supplement of 100 % for all hours performed on a Sunday.
Sunday work in the CONSTRUCTION industry : a derogation granted by the prefect
When it is determined that the rest simultaneously, on Sunday, of all employees of an establishment would be injurious to the public or jeopardize the normal functioning of this establishment, the rest may be authorised by the prefect according to the following terms and conditions :
– a day other than Sunday to all employees of the establishment ;
– from Sunday noon to Monday noon.
– the Sunday afternoon with a compensatory rest day for working and for fifteen ;
– by bearing all or part of the employees.
On the basis of this exemption, a company of the BTP could possibly request the granting of an exemption to the Sunday rest day if it is justified either for reasons related to safety (example : the repair of facilities in facilities where staff is present from Monday to Saturday), or for reasons relating to the nature of the work (example : change the tiling of the aisles of a supermarket open from Monday to Saturday).
In this case, the derogation is granted by the prefect on the basis of the existence of a collective agreement or, failing that, a unilateral decision taken after consultation of the works council or staff delegates, and referendum of the employees concerned.
The collective agreement or the unilateral decision should set :
– the rewards granted to the employees deprived of their Sunday rest. In this case, each worker deprived of the rest of the Sunday has a compensatory rest and receives a fee for this day of work remuneration at least equal to the double of the remuneration ;
– commitments in terms of employment or for certain publics in difficulty, or people with disabilities.
Since the act Macron, the local authorization is granted for a period which cannot exceed 3 years after notice of the municipal council and, where appropriate, of the governing body of the public establishment of intermunicipal cooperation in specific taxation of which the municipality is a member of the chamber of commerce and industry, chamber of trades and crafts and trade unions of employers and employees interested in the commune.
In case of emergency duly justified and when the number of Sundays subject to authorization does not exceed 3, the prior notice mentioned above are not required.
These opinions are given in a period of one month following the request, and the prefect shall take its decision within 8 days following receipt of the notice.
In this case, only the employee volunteers can work on a Sunday. In the absence of collective agreement, the employer must apply each year to any employee working on Sunday, if he wishes to be given priority to occupy or return to employment national to his category or an equivalent job, with no work on Sunday.
Sunday work in the CONSTRUCTION industry : teams contingency
When the enforcement staff works in two groups, one of which, referred to as the team of contingency, to replace the other during the day or days of rest granted to the first group, it is possible to deviate from the Sunday work.
According to the collective agreements of ETAM in the CONSTRUCTION industry, the use of teams of contingency requires a company-wide agreement or settlement. This agreement must specify the situations and fix the period during which the use of such teams is necessary so that the ETAM assigned to these teams have knowledge of the date at which the teams of the contingency period will end.
Finally, the use of teams occasional end-of-week is limited to 6 consecutive months, unless otherwise agreed between the parties to extend this time.
You have any further questions on the Sunday work ? You can refer to our documentation ” practical Management of the personnel and remuneration in the CONSTRUCTION industry “.
Source : Editions Tissot
About Editions Tissot
For 40 years, Editions Tissot accompany the SMES and craftsmen in the CONSTRUCTION industry in the management of their staff with a practical material and specific to their sector. Discover a wide range of books, paper or online written in plain language and understandable by all.