By Jeremy Bonnet
Published on 21 Dec 20 at 18:29
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A small delegation of members of the Solidaires union went to the hotel of the prefecture of Calvados, in the heart of Caen, Monday, December 21, 2020. The object of this symbolic mobilization? A reminder of fair respect for the labor code during exceptional Sunday openings.
Clarification requested
To understand this union ire, we must go back to December 4, 2020. Date on which the prefect of the department signs a decree stipulating the conditions for opening several Caen stores on Sundays December 6, 13, 20 and 27.
If the Sunday openings are not the true friends of the trade unionists, one of them testifies “that one must however understand that, in the current situation, that can be understood”. Aurélien Piolot, member of Solidaires, argues, however, “that they must be done with due respect for the labor and workers code”.
In article 5 of the prefectural decree, the prefect plans to limit the compensation to a “payment increased by 100%”. This measure is therefore contrary to the regulations in force and therefore illegal. The prefect of the department thus exceeds his missions and prerogatives.
However, by analyzing the text, it may well be that it is a question of interpretation. Indeed, the text, transcribed below, thus indicates: “The hours worked on Sundays referred to in article 1 will give rise to a payment increased by 100%. »Only 100% of salary or a double paid day? That is the question.
Still, this misunderstanding, if it turns out to be one, is not just a matter of pure semantics for trade unionists. It is also and above all a way of monitoring, very closely, the freedoms sometimes taken by prefects with respect to the labor code.
For further
To sum up, Sunday work in France is governed by law. In a large majority of cases, these working hours are done on a voluntary basis. Hours worked in this way are paid double, or at least more expensive. This day spent at work must also be “recovered”.
Below, two paragraphs taken from LegiFrance:
In this case, each employee deprived of Sunday rest benefits from a compensatory rest period and receives for this working day remuneration at least equal to double the remuneration normally due for an equivalent period.
Only voluntary employees who have given their written consent to their employer can work on Sundays. A company cannot take into consideration a person’s refusal to work on Sundays to refuse to hire him
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