Article L3122-11 of the French Labour Code
November 7, 2023
All night workers benefit from regular individual monitoring of their state of health under the conditions set out in Article L. 4624-1.
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….
A company or establishment agreement or, failing that, a collective branch agreement may introduce night work in a company or establishment, within the meaning of article L. 3122-5, or extend it to new categories of employees. This collective agreement or arrangement sets out : 1° The justifications for the use of night work mentioned in article L. 3122-1 ; 2° The definition of the period of night work, within the…
Pursuant to Article L. 3122-5, an agreement or an extended collective labour agreement may set the minimum number of hours to qualify as a night worker over a reference period.
A company or establishment agreement or, failing that, a collective branch agreement may provide for the maximum daily working time provided for in article L. 3122-6 to be exceeded, under conditions determined by decree of the Conseil d’Etat.
A company or establishment agreement or, failing that, a branch agreement or convention may, where justified by the specific characteristics of a sector’s activity, provide for the maximum weekly working time laid down in article L. 3122-7 to be exceeded, provided that this does not have the effect of increasing this time to more than forty-four hours over twelve consecutive weeks.
In the areas referred to in article L. 3132-24, either a collective agreement at company or establishment level or, failing that, a collective agreement at branch level, or an agreement concluded at territorial level may provide for the possibility of employing employees between 9 p.m. and midnight. This agreement provides, in particular, for the benefit of employees employed between 9 p.m. and the start of the night work period: 1°…
In the absence of a collective agreement, any work performed between 9 p.m. and 6 a.m. is considered to be night work and, for the activities mentioned in Article L. 3122-3, any work performed between midnight and 7 a.m. is considered to be night work.
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75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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