France's labour minister is open to letting shops trade on Sundays after Saturdays lost to protests. How Sunday work is regulated today, and when an employee can say no

What happened

On Thursday morning, 29 October, Labour and Solidarity Minister Jean-Pierre Farandou spoke on France Inter. He said he was open to the idea of temporarily letting shopkeepers trade on Sundays and called it "almost an agreement in principle" (presque un OK de principe). The idea is aimed at small retailers and craftspeople who lost takings when they had to close on Saturdays because of demonstrations. The request to the government came from the president of U2P, a federation of small businesses.

The minister set out a framework: the measure would be temporary, for a few months; Sunday staff would be volunteers; and prefects could check that safety conditions are met. He has not yet discussed the idea with the unions but says he intends to.

What it means right now

For now this is a statement, not a decision. There is no text, and no timeframe, list of shops or legal mechanism has been given. The rules on Sunday work have not changed. What changes if a decision is taken depends on how those rules work today. Below is a short summary based on the official service-public.gouv.fr guide.

How Sunday rest works

In principle, Sunday is the legal day of rest in France. Work on that day is only possible under one of several exceptions (dérogations). The type of exception decides the key questions: can the employee refuse, and is extra pay due?

Permanent exceptions (dérogations permanentes). These apply in a number of sectors without any specific authorisation. Here an employee can be required to work on a Sunday. Examples from the guide:

• bakeries, pastry shops and food shops open on Sunday until 1 p.m. In return, staff get one full day off every two weeks, on a rota;
• in supermarkets larger than 400 m², work after 1 p.m. is only allowed in a tourist or commercial zone or a major station. In that case the premium is at least 30%;
• in hotels, cafés and restaurants Sunday work is required, and there is generally no mandatory premium. A collective agreement or the employer may provide one.

Prefect's authorisation (dérogation préfectorale). A prefect can allow Sunday work if closing would harm the public or the normal running of the business. The authorisation can be extended to all businesses in the same locality with the same activity. The employee can refuse, and consent must be given in writing. The law sets no mandatory premium here: the employer may pay one, and the contract or an agreement may provide time off in lieu.

"Mayor's Sundays" (dimanches du maire). In shops where all staff normally rest on Sundays, the mayor can allow opening on no more than 12 Sundays a year. The list is set before 31 December of the previous year. The employee can refuse, and consent is given in writing. Pay is at least double, plus equivalent rest: one Sunday worked earns one day off.

Tourist and commercial zones, major stations (ZTI, ZT, ZC). Shops here may open on Sundays on a permanent basis. In commercial zones (ZC) the employee can refuse, consent is given in writing, and the premium is set by an agreement. Staff can ask to stop working Sundays, or to work one Sunday a month instead of two.

Wherever refusal is allowed (prefect, mayor, commercial zone), it cannot be treated as misconduct, grounds for dismissal or a basis for discrimination.

Alsace and Moselle have their own local rules: shops are generally closed on Sundays and public holidays, with exceptions. There, employees can be required to work, and no premium is mandatory.

Common mistakes

• "Sundays are always paid double." No. The law requires double pay only for mayor's Sundays. Under a prefect's authorisation there is no mandatory premium, and under permanent exceptions there is one only in specific cases. Much depends on the collective agreement and the employment contract, which can only be more favourable than the law.
• "Staff can't refuse if the shop is open." It depends on the legal basis for opening. Under a prefect's authorisation, mayor's Sundays and in commercial zones, the employee's written consent is required. A bakery or a restaurant falls under permanent exceptions, where the rules are different.

What is worth checking

When an employer asks for Sunday work, it helps to know on what basis the shop is opening. Under the rules, consent is given in writing and voluntarily. The premiums in the relevant convention collective can be looked up with the agreement search on code.travail.gouv.fr. After that, it is worth checking the Sunday line on the fiche de paie.

If the government takes a decision, the timeframe, the shops covered and the mechanism will be known. That will show which of the regimes above applies. We will write about it once there is a text.