The application for authorisation to assign workers to night shifts submitted to the Labour Inspector by the employer on the basis of Article L. 3122-21 shall provide detailed justification of:
1° The constraints specific to the nature of the activity or the operation of the company which make night work necessary, having regard to the requirements of continuity of economic activity or services of social utility ;
2° The fair and serious nature of the prior commitment to negotiations within a maximum period of twelve months preceding the request;
3° The existence of compensation and break times;
4° The need to protect the health and safety of employees is taken into account.
The opinion of the trade union delegates and the social and economic committee is attached to the request. If there are no trade union delegates and no social and economic committee, the request must be accompanied by a document attesting to the fact that the employees have been informed in advance.
The Labour Inspector will notify the employer and employee representatives of his decision within thirty days of receipt of the request.