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To apply the correct management and remuneration rules for HCR public holidays (i.e., the Hotel, Cafe, and Restaurant Convention) for your employees, you need to consult two things: public policy areas and collective agreements or conventions. The branch, company, and collective agreements will always take precedence over general labor law. You will find the information you need to understand everything about the HCR public holiday regime in 2024. First, let's review one of the rules you need to know, regardless of your sector.
Public holidays = days off work?
Are public holidays necessarily days off work?
The answer is no! The only exception is the May 1st public holiday, which, except for certain establishments and services that cannot stop their activity, must be closed. And these hours of work will be paid.
For all other HCR public holidays, it is up to you, as an employer, to refer to your company or establishment agreement to see whether your employees can work or not. If no information is given above, you can define the holidays yourself.
Legal holidays in the HCR sector in 2024:
In France, the Hotel-Café-Restaurant (HCR) sector officially celebrates 11 legal holidays, in accordance with Article L3133-1, including:
- January 1st (New Year)
- Easter Monday
- May 8th (Victory Day of 1945)
- Ascension Thursday
- Whit Monday
- July 14th (National Holiday)
- August 15 (Assumption)
- November 1 (All Saints' Day)
- November 11 (Victory Day of 1918)
- December 25 (Christmas)
Legal holidays in France remain constant from year to year in terms of fixed dates. However, variations may occur depending on how these days are placed in the calendar, which may influence their impact on the HCR sector in particular. A point of attention:
- Regional considerations: Some regions in France may celebrate specific holidays not observed at the national level (such as Saint-Jean in Alsace-Moselle). Although this does not directly apply to the national framework for statutory holidays, it is an aspect to consider for establishments operating in these regions.
What does the law say about public holidays in cafes, hotels, and restaurants?
The HCR sector benefits from a special regime for managing public holidays. Several points should be noted.
Pay on May 1st in the HCR collective agreement
Three possibilities exist:
- If you close on May 1st, the employee on fixed pay will receive their usual salary. On the other hand, an employee paid per service will not receive any remuneration.
- If May 1st falls on a day when you are normally open, but you still close your establishment, then you still pay your employees.
- If May 1st is a day when you are open and your employees are working, you will have to pay them more: 50% more than their usual salary.
More than one year of seniority in the company
In this case, 10 other public holidays per year are added to May 1st. Of these 10 days, 6 are guaranteed and the others are not (so 4 public holidays are “ordinary public holidays”).
HCR guaranteed public holidays
Guaranteed does not necessarily mean compensatory rest day! This means that regardless of what the employee does on that day (work or rest), the public holiday will be considered a working day and must therefore be paid or compensated.
The list of guaranteed public holidays is determined by the employer each year. The employee's pay or compensation will depend on the day on which the public holiday falls.
- The public holiday falls on a rest day: your employee will receive a day of compensation or equivalent compensation (calculated pro rata if the employee is part-time).
- The public holiday falls on the employee's working day and you decide to close your business or grant this public holiday: your employee will receive the public holiday in question with continued pay.
- The public holiday falls on a working day and the employee's presence is necessary: your employee will receive, in addition to their usual pay, a day of compensatory rest or equivalent compensation.
Also make sure that the 6 guaranteed public holidays are the same for all your employees: the rule says there can be no differences or favoritism. All your human resources must be treated the same.
Managing “non-guaranteed” public holidays
- The public holiday is a day of rest: your employee will not receive compensation. This is called a “lost public holiday.” There is therefore no compensation or remuneration.
- The public holiday falls on the employee's working day and the company decides to close the establishment or grant this public holiday: there is no impact on remuneration.
- The public holiday falls on a working day and the activity of your establishment requires the presence of the employee: your employee will benefit from a day of compensation, which will be calculated pro rata if the employee is part-time.
HCR public holidays less than one year seniority
Your agreement stipulates that May 1st is not automatically worked. However, your employee must receive remuneration, paid leave, or unpaid leave to make up for it (even if you have decided to close on that day). The only exception to this is if your public holiday falls on a day off. In this case, you must not offer any remuneration or compensation.
HCR Public Holidays: Are the same rules applicable to an employee on a seasonal contract?
If your employee has worked for the company for more than 9 months (in total, adding together the various fixed-term contracts held within your establishment), then they will benefit from public holidays other than May 1st. These public holidays will be calculated pro rata to the duration of their employment contract (always rounded up to the nearest whole number if it is not a round number).
