For the application of articles L. 3132-20, L. 3132-24, L. 3132-25, L. 3132-25-1 and L. 3132-25-6, only voluntary employees who have given their written agreement to their employer may work on Sundays. A company may not take a person’s refusal to work on Sundays into consideration in refusing to employ them. An employee who refuses to work on Sunday may not be discriminated against in the performance of his or her employment contract. An employee’s refusal to work on Sunday does not constitute misconduct or grounds for dismissal.
The collective agreement or the measures proposed by the employer mentioned in II of article L. 3132-25-3 determine the procedures for taking into account a change of mind by an employee deprived of Sunday rest.
For the application of article L. 3132-20, in the absence of an applicable collective agreement, each year the employer shall ask all employees who work on Sundays whether they wish to be given priority to take up or return to a job in their professional category or an equivalent job not involving Sunday work in the same establishment or, failing that, in the same company. The employer also informs the employee of his right to stop working on Sundays if he no longer wishes to do so. In such cases, the employee’s refusal takes effect three months after written notification to the employer.
In addition, an employee who works on Sundays may at any time ask to benefit from the priority defined in the previous paragraph.
In the absence of a collective agreement, an employee deprived of Sunday rest may refuse to work on three Sundays of his choice per calendar year. They must inform their employer in advance, giving one month’s notice.
The employer shall take all necessary measures to enable employees to exercise their right to vote in national and local elections when these take place on Sundays.