Like every year, you will soon take stock of your rights and obligations relating to the management of public holidays in November, namely on All Saints’ Day (the 1er November) and the commemoration of the end of the First World War (November 11). Reminder of the rules in force in this area.
So-called “ordinary” holidays
Except the 1er which may be subject to special rules, you can ask your employees to come and work during public holidays, so the 1er and November 11. Unless there is a company agreement or, failing that, your collective agreement is against it.
Exception: in principle, public holidays are compulsory days off for young people under 18 and for employees of companies in Haut-Rhin, Bas-Rhin and Moselle.
Compensation side
If your employees work on 1er and / or November 11, you are not required to pay them a pay premium, unless your collective agreement so provides.
On the other hand, employees on rest during these public holidays see their remuneration maintained as soon as they are paid monthly or else they accumulate at least 3 months of seniority. Knowing that for monthly paid employees with less than 3 months of seniority, salary maintenance does not include compensation for overtime that should normally have been performed during non-working public holidays.
Note: working hours lost during non-working holidays cannot be recovered.
And be aware that the law does not provide for any postponement or consideration in favor of employees when a public holiday coincides with a day of rest (such as Monday 1er November 2021). On the other hand, your collective agreement may allow your employees to recover that day or to benefit from a salary supplement.
Make the bridge …
You can give your employees a day of rest on Friday 12 November to allow them to “bridge the gap”. Note that your collective agreement or custom may require you to do so. And insofar as this bridge changes the collective work schedule of your employees, you must first consult your employee representatives. The collective work schedule thus modified must not only be communicated to the labor inspector, but also be posted in the company.
Good to know: you can ask your employees to recover the working hours lost during a bridge day. And this, in the 12 months which follow it or which precede it. However, make sure that the labor inspector is informed and that this measure does not increase the working hours of your employees by more than one hour per day and more than 8 hours per week.
