As the end-of-year celebrations approach, many employees take advantage of a few days off to celebrate New Year’s Eve with their families. However, even more of them work during this period: according to figures from the Ministry of Labor, only nearly one employee in two was on leave during the Christmas holidays.
Public holidays are not always off. Firefighters, restaurateurs, bus drivers… some professions do not slow down during the holidays, including December 25 and December 1is January. But not only that, anyone can work during these two days: “No legal obligation imposes that the end of year celebrations are non-working days”says Maître Béatrice Pola, associate lawyer in the employment law department of the Proskauer firm.
The only exception is Alsace-Moselle, where under the concordat (under Bismarck), the inhabitants of this region even benefit from two non-working public holidays on the occasion of Christmas (December 25 and 26), in addition to the New Year. The law also protects underage employees who perform “odd jobs” during the Christmas holidays in France and who must benefit from December 25 and December 1.is January unemployed, except in industrial establishments operating continuously and in sectors for which the activity justifies it (hotels, restaurants, etc.).
Reduced protection by Macron orders
Branch agreements have been able to define non-working public holidays, or provide for financial compensation for employees working on those days. The branch agreement was binding on the company until the labor law and the Macron ordinances which changed the situation.
From now on, a company agreement may reduce the list of non-working public holidays defined by a branch collective agreement”explains Beatrice Pola. In the absence of contractual stipulations, the employer may ask his employees to work on public holidays.. He is also free to close his establishment during the holidays after having, however, consulted the staff representatives. The employer can then require his employees to take their leave on the days when the establishment is closed.
Beyond Christmas and the New Year, what about the days off employees wish to take during the confectioners’ break? ” It is the employer who organizes, according to certain rules, departures on leave “recalls Me Béatrice Pola. In the absence of a contractual stipulation, article L.3141-16 of the labor code allows the employer to define this starting order after consulting the works council or, failing that, the staff delegates or the economic committee and social “. He is therefore free to refuse the dates of leave that the employee wishes to take.
Nevertheless, ” the employer’s refusal must be justified, for example by the continuity of the public service, a strong activity or by exceptional circumstances, in order to avoid being abusive or discriminatory., underlines Me Béatrice Pola. Both employees and employers must therefore organize themselves well in advance if they wish to wake up with peace of mind.