In the absence of a collective agreement or arrangement and provided that the employer has entered into fair and serious negotiations with a view to concluding such an agreement, workers may be assigned to night shifts with the authorisation of the Labour Inspector, granted in particular after verification of the compensation granted to them under the obligation defined in Article L. 3122-8 and of the existence of break times, in accordance with the procedures laid down by decree in the Conseil d’Etat.
The commencement of fair and serious negotiations implies that the employer has :
1° Invited the representative trade union organisations in the company to the negotiations and set the venue and timetable for the meetings;
2° Provided them with the necessary information to enable them to negotiate with full knowledge of the facts;
3° Responded to any proposals made by the trade unions.