Book I: Working hours, rest periods and holidays

Night workers benefit from compensation for the periods of night work during which they are employed, in the form of compensatory rest and, where applicable, in the form of salary compensation.

For the activities referred to in Article L. 3122-3, when the actual duration of night work is less than the legal duration set in application of Article L. 3121-27, the compensation referred to in Article L. 3122-8 does not have to take the form of compensatory rest.

The occupational physician is consulted, in accordance with the procedures specified by decree of the Conseil d’Etat, before any major decision is taken concerning the introduction or modification of the organisation of night work.

All night workers benefit from regular individual monitoring of their state of health under the conditions set out in Article L. 4624-1.

Where night work is incompatible with overriding family obligations, in particular childcare or the care of a dependent person, refusal to work the night shift does not constitute misconduct or grounds for dismissal and the night worker may request to be assigned to a day shift.

A night worker who wishes to take up or return to a day job and an employee in a day job who wishes to take up or return to a night job in the same establishment or, failing that, in the same company, have priority for the allocation of a job in their professional category or an equivalent job. The employer shall inform these employees of the list of corresponding…

If the night worker’s state of health, as ascertained by the occupational physician, so requires, he shall be permanently or temporarily transferred to a daytime position corresponding to his qualifications and as comparable as possible to the position previously held. The employer may not terminate the night worker’s contract of employment on the grounds that he is unfit for the job involving night work, within the meaning of articles L….