As a restaurant owner or aspiring restaurant owner, you likely have some questions about your employees’ legal working hours. Understanding the specific rules regarding working hours not only allows you to comply with the law, but also helps you optimize your employees’ schedules and improve their working conditions.
Maximum daily and weekly hours, working hours, night work, time off, and rest periods—learn about the regulations in effect in the hospitality and catering sector. These rules also apply to part-time restaurant workers, whose unique status deserves a thorough understanding. And since we couldn’t discuss working hours without mentioning the hot topic of the moment—the 4-day workweek—we’ve dedicated a few lines to it at the end of this article. Will you give this new work schedule a try?
What requirements must you comply with regarding your employees’ working hours in the restaurant industry? Find the answer below in 5 key points!
While the Labor Code sets the legal workweek at 35 hours, the hospitality sector benefits from an exemption under its collective bargaining agreement that allows it to maintain a 39-hour workweek. However, you are free to choose a shorter workweek. This choice must be specified in the employment contract, and—in case you’re wondering—it cannot be reduced in the event of a decline in business.
Please note that any hours worked beyond 35 are considered overtime, and the pay must be increased accordingly.
You may substitute payment for overtime and the corresponding premium with compensatory time off at a rate of 110% for the first four hours, 120% for the next four hours, and 150% for any additional hours. This arrangement may be implemented pursuant to a collective bargaining agreement or by unilateral decision of the employer, provided that employee representatives do not object.
There are several figures to keep in mind here. 46 hours is the maximum weekly working time over any period of 12 consecutive weeks. 48 hours is the absolute maximum weekly working time.
The maximum daily working hours, meanwhile, vary depending on the job. For administrative staff not working on-site, the maximum is 10 hours per day. For cooks, it is 11 hours; for receptionists and night watchmen, 12 hours; and for other staff, 11 hours and 30 minutes.
If employees work in split shifts, any half-day worked must not exceed 5 consecutive hours with a maximum span of 6 hours.
What is the difference between maximum working hours and daily working hours?
The second term refers to the time that elapses between when employees start their shift and when they leave the workplace at the end of their workday. Break times and downtime are therefore added to the actual working time.
Please note that the maximum daily working hours must not exceed 13 hours for adults, in order to comply with the 11 hours of daily rest required by law. Failure to comply may result in a fine of 750 euros.
The time spent getting dressed and undressed is not included in the calculation of the daily working hours. When work attire is required and employees must get dressed and undressed on the restaurant premises, they may receive compensation in the form of time off or financial compensation—the choice is yours.
Legally, the daily rest period must be 11 consecutive hours, 12 hours for 16 and 17 year olds and 14 hours for 14 and 15 year olds. An employee who finishes at 9:00 p.m. will not be able to return to work until 8:00 a.m. the next morning.
Employees in the hospitality sector are entitled to two days off per week. These days do not necessarily have to be consecutive. In fact, they can be broken down into one full day and two non-consecutive half-days. If you choose this option, make sure that the full day off between the two workdays is at least 35 consecutive hours.
Any work performed between 10:00 p.m. and 7:00 a.m. is considered night work. The weekly work hours for night shift employees, calculated over any 12-week consecutive period, are set at 44 hours, which is 2 hours less than for day shift employees. At night, for shifts lasting more than 6 hours, employees must be given a break of at least 20 minutes during which they can relax and/or eat.
Want to learn more about this topic? Review the HCR collective bargaining agreement dated April 30, 1997, as well as the amendments regarding work schedule arrangements (Amendment No. 2 dated February 5, 2007, and Amendment No. 19 dated September 29, 2014).
The 4-day workweek is getting more and more attention. As the name suggests, it involves working 4 days instead of 5 without any loss of pay. Sounds tempting, doesn't it?
Are you interested in making the switch to a 4-day workweek? There are several options available to you. You can choose to reduce your weekly work hours from 35 to 32 hours per week. Another option is to increase the daily workload by spreading your current working hours over 4 days instead of 5. Keep in mind that this change in rhythm may be difficult for some employees to adjust to. You’ll also need to be mindful of the increased workload and set goals, which can be sources of stress.
Implementing a 4-day workweek requires reorganizing schedules and a period of adjustment, but it can also improve your business as a whole.
👉 Going further: 4-day week: miracle solution for the restaurant industry?
The 4-day workweek allows employees to enjoy three days off each week instead of the usual two. This gives both you and your employees more free time for sports, leisure activities, and family life. With work-life balance now more important than ever, this change in work schedule can quickly have an impact on employee morale and well-being.
The 4-day week has a positive effect on employee productivity. With the extra day off, your staff is more rested and this is reflected in their efficiency and concentration level. This measure is also a source of motivation.
Thanks to the flexibility offered by the 4-day workweek, employees can better manage their schedules. As a result, they experience less stress and greater fulfillment, which has a direct impact on absenteeism rates. The benefits of such an initiative extend to the entire company, as well as to the planet, at a time when energy consumption is becoming a major issue.
With a 4-day workweek, you’ll be able to convince future employees to join your establishment rather than a competing restaurant. The ADP survey (People at Work 2022: the Workforce View study) reveals that 64% of French employees, across all sectors, would like to have greater flexibility in organizing their work schedules, with the option to condense them into a 4-day workweek.
In the hospitality industry, this figure stands at 76%, up from 58% in 2019. However, only 6% of companies in the sector have implemented such a work arrangement. You can now see why the 4-day workweek is a compelling argument for encouraging new talent to work with you, thereby helping you address staff shortages.
👉 Going further: 9 tips for finding restaurant staff
-
Are you a restaurant owner who wants to optimize the management of your establishment? Contact an Innovorder expert and get personalized advice for your restaurant.
