Roche & Cie

What are the rules for public holidays when they coincide with a day of rest?

22 Apr 2016

The month of May is characterized by a long series of holidays. Series including 1 May (Labour Day) and May 8 (commemoration of the Allied victory in 1945), which this year coincided this year with the day Sabbath. How should the employer then manage those two particular days?

the law provides no postponement or consideration for employees when a holiday falls on a day of rest. However, the collective agreement applicable to the enterprise can enable employees to retrieve date or receive a wage supplement.

May, the 1st

The day of the Labour Day statutory holiday. Indeed, only establishments and services which, because of the nature of their activity, can not interrupt the work are allowed to work their employees that day. It is stated that they are then entitled, in addition to their normal salary, a specific allowance equal to the amount of that salary (called rule of “double pay”). Compensation to which can be added, if the applicable collective agreement provides for one day of compensatory rest.

May 8

On 8 May is a public holiday “ordinary”. Accordingly, unless otherwise provided by the collective agreement applicable to the company, the employer is entitled to ask his employees to come to work that day. But beware, because this year on May 8 falls on a Sunday. Also, only employers that have a sabbath to the derogation can work their employees that day.

The collective agreement may allow an increase in salary to employees who work a regular holiday. It can also predict an increase in cases of work on Sunday. In principle, these two wage increases do not stack when the working holiday falls on a Sunday.