According to figures from the Ministry of Labor, nearly one in only two employees is on leave during the Christmas holidays. Firefighters, restaurateurs, bus drivers… Some professions do not raise the foot.
by Catherine Quignon
Approaching the end of year celebrations, many employees take advantage of a few days off to wake up with the family. Nevertheless, there are even more many of them working during this period: according to figures from the Ministry of Labor , near one in only two employees was on leave during the Christmas holidays.
The holidays are not always unemployed. Firefighters, restaurateurs, bus drivers … Some professions do not raise the foot during the holidays, including December 25 and the 1 er January. But not only, everyone may have to work during these two days: “No legal obligation imposes only the end of year celebrations are unemployed days”, indicates Maître Béatrice Pola, associate lawyer of the Department of Law from Proskauer cabinet.
The only exception in Alsace-Moselle, where by virtue of the Concordat (under Bismarck), the inhabitants of this region even benefit from two non-working holidays during Christmas (December 25 and 26), in addition to the New Year. The law also protects minor employees who exercise “small jobs” during the Christmas holidays in France and who must benefit from December 25 and 1 January, except in industrial establishments Continuously operating and in the sectors for which activity justifies it (hotel, catering, etc.).
Protection reduced by Macron prescriptions
Branch agreements have been able to define non-working holidays, or provide financial compensation for employees working these days. The branch agreement was imposed on the company until the Labor Law and the Macron orders which have changed the situation.
Now, a company agreement “can reduce the list of non -working holidays defined by a collective branch agreement”, explains Me Béatrice Pola. In the absence of conventional stipulations, the employer can ask his employees to work on public holidays. “It is also free to close his establishment during the holidays after having, however, consulted the staff representatives. The employer can then impose on its employees to set their holidays on the establishment’s closure days.
Beyond Christmas and New Year, what about the days of leave that the employees want to pose during the truce of the confectioners? “It is the employer who organizes, according to certain rules, departures in vacation,” recalls Me Béatrice Pola. In the absence of conventional stipulation, article L.3141-16 of the Labor Code allows the employer to define this departure order after advice from the works council or, failing this, staff representatives or the economic committee and social “. It is therefore free to refuse the leave dates that the employee wishes to put.
However, “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 discriminating”, underlines Me Béatrice Pola . Employees as employers must therefore organize well in advance if they wish to wake up the peace of mind.