Summary
Lunch break
The labor code does not provide for a meal break as such.
Through its article L 3121-2 and its article L 3121-33 the meal break merges with the obligatory break time allocated to the employee from the moment he reaches 6 hours of actual work.
Unless otherwise provided (collective agreement, company practice) this time is not considered as actual working time, and is therefore not not paid.
The fact that the employee does not use this “meal break” time does not necessarily lead to the recognition of effective work, and therefore of payment by his employer.
An important exception concerns employees who work in a continuous cycle, unable to leave their workstation and for whom the “meal break” will be considered as effective and paid work. (Court of Cassation of March 10, 1998).
Dressing and undressing time
The labor code excludes this effective working time UNLESS there are more favorable agreements.
A financial compensation or rest is provided for by the labor code when:
- the wearing of an outfit is obligatory;
- dressing operations must be carried out at the workplace.
These conditions are cumulative, as recent case law has confirmed.
Medical visit time
Without any possible exception, this compulsory medical examination time for employees must be considered as effective working time giving rise to the right:
- the payment of wages;
- taking it into account as working time for the acquisition of paid leave;
- its consideration as working time for the calculation of overtime.
Are counted:
- the time spent on the actual medical visit;
- the travel time allowing the employee to get to the place where the medical visit takes place.
shower time
Certain particularly dirty or unsanitary work requires the benefit of a shower for the employees concerned.
The list of works concerned is fixed by an order of 23/07/1947 amended by numerous orders (01/02/1950,15/10/1951,13/12/1982, 30/07/1986, 28/12/ 1988, 11/22/1989, 10/22/1991, 04/04/1995 and 12/06/1999).
Let’s quote a few works concerned (non-exhaustive list):
- work related to lead (recycling old lead, polishing lead objects, etc.);
- recovery of industrial mercury residues (catalytic agents, etc.);
- preparation using aromatic amines of chemicals, dyestuffs, pharmaceuticals;
- dyeing of threads, fabrics, furs, leathers…;
- preparation of insecticide products;
- sandblasting work;
- streptomycin recovery;
- work of slaughtering animals for slaughter, poultry, rendering;
- garbage collection and treatment works;
- daycare and animal husbandry work;
- work carried out in the sewers;
- …
The time spent in the shower must be remunerated for a time minimum of 15 minutes and maximum of 1 hour.
Unless more favorable contractual provisions, this paid time is not considered as actual working time, and is not taken into account in the calculation of overtime, for example.
Remuneration for this shower time will be brought to the attention of the employee by thewriting a separate line on the payslip.