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Title II: Hours of work, distribution and organisation of working hours

Article R3121-1 of the French Labour Code

In the case of unhealthy and dirty work, the time spent in the shower in application of article R. 4228-8 is paid at the normal rate for working hours without being taken into account when calculating the actual working time.

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Article R3121-3 of the French Labour Code

In the absence of an agreement as provided for in article L. 3121-11, the employer communicates, by any means giving a date certain, to the employees concerned the individual scheduling of on-call periods in compliance with the notice periods provided for in article L. 3121-12.

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Article D3121-4 of the French Labour Code

Exceeding the maximum daily working time provided for in article L. 3121-18 may be authorised in cases where a temporary increase in activity is required, in particular for one of the following reasons: 1° Work that must be completed within a specific timeframe due to its nature, the burdens imposed on the company or the commitments entered into by the company; 2° Seasonal work; 3° Work involving increased activity on…

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Article D3121-5 of the French Labour Code

The request to exceed the maximum daily working time, accompanied by the relevant supporting documents and the opinion of the social and economic committee, if any, is sent by the employer to the labour inspector. The Labour Inspector will notify the employer and employee representatives of his decision within fifteen days of receipt of the request.

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Article D3121-6 of the French Labour Code

In an emergency, the employer may exceed the maximum daily working time on his own responsibility, in the cases envisaged in article D. 3121-4. If the employer has not yet submitted a request to exceed the maximum daily working time, he shall immediately submit a request for regularisation to the Labour Inspector, accompanied by the supporting documents and opinions mentioned in article D. 3121-5 and any necessary explanations as to…

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Article D3121-7 of the French Labour Code

Appeals against the decisions provided for in articles D. 3121-5 and D. 3121-6 may be lodged with the Regional Director of Companies, Competition, Consumption, Labour and Employment within one month of the date on which the interested parties were notified.

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Article R3121-8 of the French Labour Code

Authorisation to exceed the maximum weekly working time provided for in articles L. 3121-21 and L. 3121-25 may only be granted for a period expressly set by the competent authority. On expiry of this period, a new authorisation may only be granted by an express decision following a new application by the interested parties, examined under the same conditions as the initial application. The authorisation may be revoked at any…

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Article R3121-9 of the French Labour Code

Where the maximum working week is exceeded, compensatory measures may be taken, in the beneficiary companies:1° Either to reduce the average working week to less than forty-six hours for a specified period after the date on which the derogation expires;2° Or to provide employees with additional rest periods;3° Or to reduce the maximum working week for a limited period.The nature and conditions of this compensation are set out in the…

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Article R3121-10 of the French Labour Code

Authorisation to exceed the absolute maximum weekly working time provided for in Article L. 3121-21 is granted by the Regional Director of Companies, Competition, Consumption, Labour and Employment. It may only be granted in the event of exceptional circumstances leading temporarily to an extraordinary increase in workload. The request for authorisation is sent by the employer to the labour inspector. It must be accompanied by a justification of the exceptional…

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