Paragraph 2: Contractual derogations

The request to obtain one of the derogations provided for in articles L. 3132-14 and L. 3132-16 shall be accompanied by the necessary supporting documents and the opinion of the trade union delegates and the social and economic committee, if any. It is sent by the employer to the Labour Inspector. The Labour Inspector will notify the employer and employee representatives of his decision within thirty days of receipt of…

A hierarchical appeal against the decision of the Labour Inspector is lodged with the Regional Director of Companies, Competition, Consumption, Labour and Employment. It must be lodged within one month of the date on which the person concerned was notified of the contested decision.

The procedure laid down in articles R. 3132-13 and R. 3132-14 is applicable to the application for authorisation to exceed the maximum daily working time of ten hours in the event of recourse to substitute shifts pursuant to a company or establishment agreement. It also applies to the request for authorisation submitted to the Labour Inspector in the absence of a company or establishment agreement providing for the use of…