Chapter II: Night work

Recourse to night work is exceptional. It takes into account the need to protect the health and safety of workers and is justified by the need to ensure the continuity of economic activity or socially useful services.

Any work performed during a period of at least nine consecutive hours, including the period between midnight and 5 a.m., is considered to be night work. The period of night work begins at 9 p.m. at the earliest and ends at 7 a.m. at the latest.

By way of derogation from article L. 3122-2, for editorial and industrial production activities in the press, radio, television, film production and exhibition, live performances and discotheques, the night work period is at least seven consecutive hours, including the period between midnight and 5 a.m.

By way of derogation from Article L. 3122-2, for retail establishments which provide goods and services and which are located in the areas referred to in Article L. 3132-24, the period of night work, if it begins after 10 p.m., is at least seven consecutive hours, including the period between midnight and 7 a.m. In the establishments mentioned in the first paragraph of this article, only voluntary employees who have…

An employee is considered to be a night worker if : 1° Either he performs, at least twice a week, according to his usual working hours, at least three hours of night work per day; 2° Or, during a reference period, he performs a minimum number of hours of night work within the meaning of article L. 3122-2, under the conditions laid down in articles L. 3122-16 and L. 3122-23.

The daily working time of a night worker may not exceed eight hours, except in the cases provided for in Article L. 3122-17 or where Articles L. 3132-16 to L. 3132-19 apply. In addition, in exceptional circumstances, the Labour Inspector may authorise the daily working time referred to in the first paragraph of this article to be exceeded after consulting the trade union representatives and after obtaining the opinion of…

The weekly working time of a night worker, calculated over a period of twelve consecutive weeks, may not exceed forty hours, except in the cases provided for in Article L. 3122-18.

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.