Posted employee: Working on public holidays in France
In France, 11 statutory dates are designated as public holidays. List of public holidays in May:
- May 1st Labor Day
- 8th Victory Day 1945
- May 18, Ascension of the Lord
- May 29 Pentecost (In 2025 this day falls on June 9, 2025)
Work in France - May 1
Only May 1st is a mandatory day in France. paid and off work. Unless the employer deems it justified by the nature of the business, which prohibits interruption of production.A day off on May 1st may not result in a reduction in salary. In exceptional cases, it may be considered a working day.
Exceptions are provided for sectors of activity that cannot be interrupted. These include private healthcare facilities, police and gendarmerie services, fire departments, public transport organizations, restaurants, etc.
Decision No. 05-83436 of the Court of Cassation of March 14, 2006, clarifies that employers must prove that the nature of their business prevents them from interrupting work on May 1st in order to circumvent the criminal provisions of the Labor Code. Cesu, a website of the French Labor Code, indicates that employers who want their employees to work on May 1st must mention this in their employment contracts. Otherwise, work performed on this day must be performed voluntarily. Employers who fail to provide justification may be fined €750 for each employee hired and paid on this day, pursuant to Article R31345-3 of the French Labor Code.
If work is permitted on May 1, hours worked on May 1 are increased by 100%.
However, in the event of work on a public holiday, posted workers may benefit from a pay increase if this is provided for in the extended collective agreement for the relevant department.
(Article L. 3134-13 of the Labor Code)
Working in France on other public holidays:
Work is not permitted on other public holidays if there are regulations in this regard:
· Based on a collective bargaining agreement or an industry agreement, a company agreement or a workplace agreement
· Or in the absence of a contract or agreement, by the employer
An employee is not obliged to recover hours not worked on a public holiday.
A public holiday may fall on a day when work is not normally done (for example, a Sunday).
In such a case, the employee cannot request an additional day off.
However, contractual provisions may provide for more favorable conditions.
Employer's obligations:
As an employer, you don't need to complete any special formalities if you want your employees to work on a public holiday (except for May 1st, when you must consult with the local Labor Inspectorate and obtain its approval). It's important to familiarize yourself with collective agreements regarding public holidays. A public holiday itself isn't automatically a day off on which an employee can opt out of work.
Holiday pay:
If you are authorized to work on May 1st, employees' wages are doubled: in addition to their regular wages, they are entitled to compensation equal to their salary (Article L.227-7 of the Labor Code). Those who are not working must be paid without additional compensation. Compensation for days worked is a principle of public policy. Collective agreements and company agreements cannot derogate from this requirement under any circumstances, and a day of compensatory rest cannot replace this double payment.
Pay for public holidays other than May 1 in France
In France, public holidays other than May 1st (including Easter, May 8th, Ascension Day, Whitsunday, July 14th, August 15th, November 1st, and December 25th) are not automatically paid days off for all employees. However, under Article L.3133-3 of the French Labor Code, employees who have worked for at least three months for their employer are entitled to a paid day off if their public holiday falls on a regular working day and they do not work on that day.
However, if an employee works on a public holiday, the rules regarding remuneration for that day are not standardized in general regulations – there is no statutory right to double remuneration, as is the case with May 1st. The amount of the bonus, compensation, or any day off to be taken depends on the provisions of collective agreements, company agreements, or internal company regulations.
For example:
- In the construction industry (BTP), there are 50% bonuses for working on public holidays.
- In the transport sector, it is common to be given a day off to pick up in lieu.
- Some companies also offer lump sum bonuses for each day worked on a public holiday.
It is worth emphasizing that failure to pay wages or compensate for a public holiday without a relevant provision in the collective agreement may be questioned during an inspection by the Labour Inspectorate.
Therefore, in the case of foreign companies posting employees to France, it is crucial to:
proper calculation of allowances in payrolls,
archiving evidence of payment of an allowance or granting a day off in lieu.
If you have any doubts about whether employees posted to France should receive a holiday allowance, or what the rules are in your industry, please contact us and we will help you determine this in accordance with local labor law.
