Is your company subject to the provisions of the Syntec agreement and do you want your employees to work nights?
Here are a few tips to help you get the most out of this special working arrangement, in compliance with legal and collective bargaining provisions.
What is a night worker?
Under the French Labor Code, any work performed over a period of at least nine consecutive hours, including the period between midnight and 5 a.m., is considered night work.
The night shift begins at 9 p.m. at the earliest and ends at 7 a.m. at the latest.
To qualify as a night worker under the legal provisions, the worker concerned must :
- At least twice a week, according to his usual work schedule, at least three hours of night work per day;
- Or complete a minimum number of hours of night work during a reference period.
⚠ Please note: the French Labor Code stipulates that night work remains an exceptional working arrangement.
To be able to use it, two cumulative conditions must be met:
- Night work must be justified by the need to ensure the continuity of economic activity or socially useful services;
- Imperatives to protect the health and safety of workers must be taken into account.
⚠ Please note: if night work, even on an occasional basis, is incompatible with the employee’s family obligations, the employee may refuse to work in this way, without this refusal constituting misconduct or grounds for dismissal.
How does the Syntec agreement cover night work?
The Syntec collective bargaining agreement contains special provisions for ETAM employees who work regular night shifts.
These employees are entitled to a 25% increase on the hourly rate resulting from the hierarchical minimum wage, provided that these hours are included in a work period of at least 6 consecutive hours.
Employees who are not ETAMs will benefit from the legal provisions that provide a minimum of time off for employees working night shifts.
There are no special legal or contractual provisions for employees who work occasional night shifts, but it is advisable to give them at least some time off in return.
- Important: in order to introduce night work in your company, you will need to sign a company-wide agreement, or seek approval from the labor inspectorate.
In fact, night work can only be introduced in companies by means of an extended branch agreement or company or establishment agreement.
Apart from the elements mentioned above, the Syntec Convention has no extended branch agreement governing night work.
If you want your employees to work at night, you’ll need to adopt a company-wide agreement governing the practice of night work in your company or establishment.
In the absence of such an agreement, authorization must be sought from the labor inspectorate.
This request must be justified and accompanied by a document attesting to the prior information given to employees.
The labor inspector will announce his decision within 30 days of receipt of the request.
What are the maximum working hours for night workers?
The French Labor Code stipulates that a night worker’s daily working time may not exceed eight hours, and weekly working time may not exceed forty hours over twelve consecutive weeks.
Under certain conditions, a company agreement or authorization from the labor inspectorate allows these maximum working hours to be exceeded.
Important: night-shift workers must also undergo special monitoring by the occupational health department because of the special working conditions.
Night work is a special issue in labor law, and its implementation must be carefully monitored.
DESRUMAUX AVOCATS is at your disposal if you would like to set up this system in your company.
