Paid leave in fast food restaurants is jointly regulated by the articles of the Labor Code and the clauses of the collective agreement for fast food restaurants, for the benefit of the employee. It is therefore necessary to refer to the legal framework (general laws).
Several questions often come up: how do you calculate paid leave in fast food restaurants? What do the collective agreement and the Labor Code provide for paid leave? What about the right to paid leave for part-time work in fast food restaurants? Skello gives you the answers.
How many days of leave is a fast food employee entitled to?
The calculation of paid leave in fast food restaurants is subject to the rules set out in the labor code, i.e. 2.5 working days per month of actual work for the same employer. This duration cannot exceed thirty working days for this type of establishment.
Without derogating from the rule of 2.5 days/month — considered supreme in terms of calculating paid leave in fast food restaurants —, the collective agreement for fast food restaurants (IDCC: 1501, brochure number: 3245) provides that:
- The main leave is 24 working days, or 4 weeks (a fifth week is acquired beyond these 24 days);
- The main leave can be split;
- The employee must take 12 working days (10 working days) of this main leave in one go between May 1 and October 31;
- The employer must not deduct paid leave days allocated for exceptional events (birth, marriage, death);
- Paid leave must be posted no later than April 1st.
Paid leave in fast food restaurants and additional days: how is it calculated?
Fast food employees under 21 are entitled to two additional days per dependent child, and one day if the duration of the statutory leave does not exceed six days. As for employees over 21, they can take two additional days per dependent child, without exceeding the maximum legal duration of annual leave (annual leave days + additional leave days < 30).
Paid leave in fast food restaurants and public holidays: what are the rules?
Fast food employees with more than 10 months of seniority are entitled to legal public holidays. These days are compensated in time or paid according to the employer's decision. No compensation is due if the employee is absent on a public holiday. Furthermore, weekly rest cannot be moved to a public holiday without the employee's agreement if this rest is usually taken on a fixed day.
Please note: May 1st is not included in the aforementioned days; the general rules prevail.
Concept of actual work and paid leave in fast food restaurants
According to the Labor Code, actual working time is the "time during which an employee or public official is at the disposal of the employer or the administration, and complies with their instructions without being able to freely attend to their personal business." Remember that an employee in the fast food industry is entitled to 2.5 working days per month of effective work with the same employer. The calculation of paid leave in the fast food industry is therefore based on the recording of actual working time, including the trial period. The employee's physical presence at the workplace is not a mandatory condition for calculating actual working time.
Part-time and paid leave in fast food restaurants
As with their full-time colleagues, part-time employees are entitled to paid leave of 2.5 working days per month (5 weeks or 30 working days), provided they have worked for at least 4 consecutive weeks during the reference period (period during which the employee must have completed a minimum working time, generally between June 1 of the previous year and May 31 of the current year). The employer is required to apply the same rules to all of its employees (full-time, part-time, fixed-term contract, permanent contract, etc.).
For calculating paid leave days for part-time workers in fast food restaurants, a few rules apply:
- The calculation begins on the first day normally worked until the day before the return to work.
- The calculation of leave duration can be done in working days (all days of the week except Saturdays and Sundays) provided that the employee is not disadvantaged compared to a calculation based on working days (working days of the week except Sundays).
- The method chosen for the calculation of paid leave compensation in restaurants fast food must be advantageous for the part-time employee. Thus, they are entitled to paid leave compensation equivalent to one tenth of the remuneration received, without this compensation being less than the remuneration they would have received if they had worked.
Note that the NAF code for fast food is 5610C. This code allows you to identify the sector of activity and link it to the fast food collective agreement IDCC 1501.
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