Coat, coveralls, masks, etc. Is an employee’s dressing or undressing time considered working or break time? Where should we change? Do I have to buy the outfits requested by my employer? West France answers you.
Yes, dressing time is considered working time, but under two conditions. The first is that the need to wear work attire must be “imposed by legal provisions, contractual stipulations, internal regulations or the employment contract”explain the Labor Code. Without it, you aren’t required to wear a specific outfit, and your company may not compensate for the time you take to change.
The second condition is that “dressing and undressing must be carried out in the company or at the workplace”. If these two conditions are met, then the company must include this time in your period of activity (therefore paying you), or at least return it to you in the form of rest.
Equipment made available by the employer
In addition, the company concerned is obliged, regardless of the number of employees, to provide its employees with a collective changing room so that they can change. This locker room must logically separate men and women, be equipped with a sufficient number of chairs or benches, individual cupboards equipped with a lock or padlock and must also ensure that the locker room is maintained.
If the employee does not need personal protective clothing or other specific clothing, the company is not obliged to provide collective changing rooms.
How might the requirement to change on company premises impact employees who commute via public transportation or have limited time before their shift starts?
Here’s a breakdown of open-ended questions designed to spark discussion about the provided article, organized into thematic sections:
**I. Employee Rights Regarding Changing Time**
* **Can you share your personal understanding of what constitutes “work attire” and when it should be considered mandatory by an employer?** (Opens discussion on the meaning and scope of “work attire”.)
* **What are your thoughts on the requirement that changing must take place on company premises for it to be considered working time? Does this seem fair to you? Why or why not?** (Explores potential logistical and ethical considerations.)
* **How do you think employers and employees can best navigate situations where the need for specific work attire is unclear or disputed? What role should communication and negotiation play?** (Encourages brainstorming solutions and emphasizes collaboration.)
**II. Employer Responsibility: Providing Changing Facilities**
* **The article mentions collective changing rooms as an employer obligation. What are your perspectives on the design and functionality of these spaces? What elements are essential for making them comfortable and accommodating for all employees?** (Focuses on practical aspects of locker rooms and employee well-being.)
* **How might the need for changing facilities evolve with different types of work environments? Should employers consider the specific needs of diverse employee populations (e.g., those with disabilities) when providing changing spaces?** (Promotes critical thinking about inclusivity and evolving workplace needs.)
* **Beyond providing physical spaces, what other responsibilities might employers have when it comes to supporting employees who need to change for work?** (Expands the conversation to include broader considerations like privacy and hygiene.)
**III. Broader Implications**
* **Do you think the regulations regarding changing time and facilities adequately balance the rights of both employers and employees in the modern workplace? What changes or improvements would you suggest?** (Encourages a critical evaluation of the existing legal framework.)
* **In industries where work attire is essential for safety, how can we ensure that both safety and employee well-being are prioritized? How do we strike a balance between these sometimes competing demands?** (Raises important ethical considerations in specific work contexts.)
* **How might the increasing focus on flexible work arrangements (e.g., remote work) impact the need for traditional changing facilities and regulations around changing time? What new challenges or opportunities might arise?** (Encourages forward-thinking about future workplace trends.)
**Remember:**
* **Actively listen** to the interviewee’s responses and allow for pauses and reflection.
* **Follow up** with clarifying questions or probes to encourage deeper exploration of their ideas.
* **Create a safe and non-judgmental space** where different perspectives can be shared openly and respectfully.
