Public Holidays: Understanding The Regulations In 5 Questions
Public holidays, which correspond to official feast days, are sometimes subject to special provisions in collective bargaining agreements. Here's an overview of the regulations and payment methods for these particular days in 5 questions.
What are the public holidays in France?
In France, the list of legal public holidays is set by Article L. 222-1 of the Labor Code.
These are eleven legal holiday days:
- January 1st
- Easter Monday
- May 1st or Labor Day
- May 8th
- Ascension Day
- Whit Monday
- July 14th
- Assumption (August 15th)
- All Saints' Day
- November 11th
- December 25th or Christmas Day
Note: there are additional holidays in certain regions, localities, or sectors of activity. For instance, in Alsace (Good Friday and December 26th), or in the Parisian fashion sector (November 25th).
Are these days off or working days?
May 1st is the only day that is mandatorily non-working and fully paid (article L. 222-5 of the Labor Code).
The only exception concerns establishments and services which, due to the nature of their activity, cannot interrupt work (public transport, hospitals, hotels…). However, when an employee works on May 1st, their salary must be doubled.
As for the other public holidays previously listed, it all depends on practices and agreements. Therefore, your employer may require you to work.
Rest is mandatory during these holidays for young workers and apprentices under 18 years old. However, exemptions are possible in certain sectors of activity: catering, hotel industry, caterers and reception organizers, cafes, tobacconists, and beverage outlets...
How does the day of solidarity work?
In 2004, the government decided to establish a "day of solidarity" for the elderly or disabled. This day was originally intended to be held on Whit Monday and would be a working day.
Since 2008, Whit Monday has become a public holiday again, but the principle of working the equivalent of one unpaid day has been maintained.
The "day of solidarity" is by default set on Whit Monday, but can also be carried out on another date, such as a Saturday or a day of RTT...
Provisions have been made for employees who change employers during the year so that they do not have to perform this day of solidarity more than once in the year.
What is the compensation for public holidays?
For a non-working public holiday:
On May 1st, you receive your usual remuneration regardless of your seniority.
For other public holidays, if you are on a monthly salary, you should not suffer any loss of remuneration provided that:
• you have been employed by the employer for at least 3 months.
• you have worked at least 200 hours during the last 2 months.
• you have worked the day before and after the public holiday.
For a working public holiday:
On May 1st, you receive a 100% salary increase.
For other public holidays, no salary increase is provided by law, but some collective agreements provide more favorable provisions.
Note: the solidarity day, by default set on Whit Monday, must be worked and is unpaid.
If the public holiday coincides with a weekly rest day, it does not entitle you to compensation or compensatory rest. Some collective agreements provide that, in this case, the employee benefits from an additional paid rest day.
If the public holiday falls during Paid leave and it is a working day:
• it is not deducted from Paid leave if it is a non-working day within the company.
• it is deducted from Paid leave if it is a working day within the company.
What is the regulation concerning bridges?
The employer may grant one or two days off between a public holiday and a weekly rest day or a day preceding paid leave. If granted, this "bridge" must be paid.
This practice is not subject to any regulation: the decision is made by the employer at the level of each company or establishment. It is subject to consultation with the works council or, failing that, the staff delegates.
Bridges can be provided for by collective agreements. Some collective agreements allow employees to take a "bridge" whenever the calendar allows it.
