In France, 11 public holidays are defined by the Labor Code. Although the Code does not require it, most salaried workers receive time off on these occasions. These days are therefore not worked, but are paid, similar to paid vacations. The terms for granting rest and remuneration depend on the Labor Code, but also on collective agreements. How do you count a public holiday not worked? Can you work on a public holiday? What is the pay for a public holiday in the fast food industry? Our article answers all your questions.
Public Holidays: A Cultural Landmark
The choice of public holidays is generally linked to historical, cultural, or religious events. They were set on specific dates to commemorate important events such as the Armistice. They are sometimes the occasion for gatherings around legal holidays such as Labor Day or the national holiday.
In France, as in several European countries, they are also linked to Catholic traditions such as Christmas Day, Easter Day or Whit Monday. Public holidays represent an important socio-cultural dimension for the community, both in terms of reference points and unifying elements.
The Labor Code and Public Holidays in France
Regarding public holidays, the French Labor Code defines a list of 11 official dates corresponding to civil holidays, Christian holidays, and commemorations of the two world wars.
- New Year's Day (January 1st)
- Easter Monday (variable date)
- Labor Day (May 1st)
- Victory Day in 1945 (May 8th)
- Ascension Thursday (variable date)
- Whit Monday (variable date)
- National Day (July 14)
- Assumption (August 15)
- All Saints' Day (November 1)
- Armistice Day (November 11)
- Christmas (December 25)
According to the Labor Code, public holidays can be worked or not worked. With the exception of May 1, which must be a day of rest. The collective agreements of the various professional sectors therefore define the boundaries of this matter. On the other hand, a public holiday not worked is always paid at the usual salary, at a minimum. Generally speaking, these 11 days are not worked in companies, except for certain companies whose activities require it.
Additional public holidays are sometimes granted to workers by collective agreements. Some sectors benefit from them based on the historical or cultural particularities of their activities. Note that the employer is never authorized to request compensation for hours not worked on a public holiday.
Pay for public holidays not worked
The general principle of public holiday pay is as follows: a public holiday not worked must be paid in the same way as a day worked. This means that each employee benefits from their public holidays by receiving their usual salary. To benefit from this pay, the employee must, however, provide proof of at least 3 months of seniority.
Public Holidays and Rest Periods
When the date of the public holiday falls within the working hours, the employee takes the day off and is paid as usual. Naturally, public holidays fall on weekends, i.e., outside of normal working hours.
Can a public holiday be taken in lieu? The French Labor Code is silent on this subject. This means that the employer is not required to offer compensation for these days. However, labor regulations also depend on industry-wide agreements, collective agreements, and company-wide agreements. A sector or a company can therefore decide to offer its workers public holiday compensation under well-defined conditions.
Employer-imposed bridge days
Many companies have opted for the employer-imposed bridge day mechanism. In this case, employees are granted a paid day off, generally between a public holiday and a weekend. However, this is not a matter regulated by the Labor Code.
These potential benefits are therefore offered through collective bargaining agreements and company-level agreements. Please note that employers can also choose to make up these hours at another time. All of this information must be posted in the company for employees.
Can you work on a public holiday?
With the exception of Labor Day, which is the only public holiday required as paid rest by the Labor Code, employers have every right to require their employees to work their public holidays. In certain sectors where activity cannot be interrupted, even May 1st can be an actual working day. This applies, for example, to the medical field, public transport, and security services.
Can you refuse to work on a public holiday?
Under the French Labor Code, an employee absolutely cannot refuse to work on a public holiday. If so, the absence will be considered unjustified. However, the employer cannot contravene the provisions of collective agreements. To find out how to position themselves, employees are encouraged to consult the agreements specific to their sector and company.
Exceptions to the sector
While the vast majority of workers are off work on statutory public holidays, certain sectors are exceptions. The catering and hospitality industries are among the first to be affected. Employees in these sectors are therefore regularly forced to work like any other day. However, their assignment must be devoted to an activity that cannot be interrupted.
From this perspective, hospitals, pharmacies, and other healthcare providers resort to implementing a minimum service during public holidays. Companies in the tourism and transport sectors often skip public holidays.
How do you calculate the pay for a public holiday worked?
The Labor Code has defined public holidays without requiring the granting of leave on these dates. Similarly, it has not made any specific provisions regarding the remuneration of these days, other than the usual minimum wage. A pay increase for public holidays is therefore not provided for by law.
This is where collective agreements, branch and company agreements, come into play once again, which can choose a more favorable regime for their employees. Labor Day on May 1st is an exception. If it is worked, this public holiday must legally be paid 100% of the salary.
Calculation of public holiday pay increase
The provisions of collective agreements and other agreements sometimes provide for the allocation of a pay increase for public holidays actually worked. In this case, the employer is required to apply this additional pay for the benefit of its employees. The increase can, for example, be 50% or 100% of the usual salary.
Payment of Public Holidays and Seniority
Pay for public holidays not worked is equivalent to the salary usually received by the employee. Seniority therefore has no direct impact on the payment of public holidays. However, it does influence the salary level granted to the employee.
In the event of a public holiday being worked, the employee is entitled, according to the Labor Code, to their usual salary. An increase may be imposed by the sector's collective agreement. Again, seniority does not factor into these calculations.
Public Holiday Pay in the Restaurant Industry
In the restaurant sector, the national collective agreement grants employees 10 days of rest for each public holiday, in addition to May 1st. Workers benefit from these days off after 10 months of seniority. They therefore do not work, but receive their usual pay. Conversely, if the public holiday coincides with a regular day of rest or a day the establishment is closed, this day is not paid.
Restaurant employees may be required to work on public holidays. In this case, no pay increase is required, but they receive a compensatory day. To learn more, see our article on UNHCR public holidays.
