Section 2: Scope of collective bargaining

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°…