Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - France (Ratification: 1971)

Article 7 of the Convention. Permanent exemptions – Sunday work. Further to its previous comment, the Committee notes the adoption of the report of the parliamentary committee responsible for following up the Act of 10 August 2009. According to the report, the enactment of the new legislation has not resulted in a proliferation of either tourist areas or areas of exceptional consumption (PUCE). However, the parliamentary committee noted with regret the unauthorized Sunday opening of food stores, especially in Paris, and expressed the view that an end should be rapidly put to such illegal practices. The Committee also notes the findings of a study published in October 2012 by the Directorate of Research, Studies and Statistics (DARES), according to which, in France, in 2011, 29 per cent of employees, or 8.2 million persons, worked on Sunday either occasionally (16 per cent) or regularly (13 per cent). The study indicates that there has been a steady increase of Sunday work in recent years from 20 per cent of employees in 1990 to 29 per cent in 2011. Three types of professional categories are identified as the most affected by Sunday work: those related to the continuity of social life (for example, transport employees, staff of hotels and restaurants, shops, cultural and leisure activities); medical care (health care personnel, ambulance officers); and personal security (for example, police officers, firefighters, prison administration officers). The study concludes that the derogations from the principle of Sunday rest that have been introduced in the last ten years, namely those concerning call centres (2005), furniture stores (2008) and tourist areas (2009), have certainly contributed to broadening the categories of workers affected by Sunday work but cannot explain in themselves the clear trend that is being observed towards more Sunday working.

In addition, the Committee notes that the debate around the possible generalization of Sunday work and the eventual need to revise the Act of 10 August 2009 has recently been revived as a result of two court rulings ordering shops to remain closed on Sundays and store employees demonstrating in favour of their right to work on Sundays for extra pay. The Committee further notes that the Government has commissioned a panel to report on the issue in the light of labour law principles, consumers’ needs and perceptions about Sunday shopping and relevant international practice. The Committee requests the Government to continue to provide up-to-date information on the public debate concerning Sunday work, including the views of the social partners, the conclusions and recommendations of the panel group appointed by the Government to report on this matter, and any legislative change undertaken or envisaged as a result.