Section 3: Supplementary provisions

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.

In the absence of a collective agreement or arrangement and provided that the employer has entered into fair and serious negotiations with a view to concluding such an agreement, workers may be assigned to night shifts with the authorisation of the Labour Inspector, granted in particular after verification of the compensation granted to them under the obligation defined in Article L. 3122-8 and of the existence of break times, in…

In the absence of an agreement defining the period of night work, the labour inspector may authorise the definition of a period different from that provided for in article L. 3122-20, in compliance with article L. 3122-2, after consulting the trade union delegates and the social and economic committee, when this is justified by the particular characteristics of the company’s activity.

In the absence of an agreement as referred to in Article L. 3122-16, the minimum number of hours for which a night worker must be qualified is set at two hundred and seventy hours over a reference period of twelve consecutive months.

In the absence of an agreement, a decree may set the list of sectors for which the maximum working week is set at between forty and forty-four hours.