The mere observation that the employee did not benefit from the conventional daily rest of twelve hours between two shifts gives rise to the right to compensation.
- ptruche
- Mar 2, 2024
- 1 min read
Court of Cassation February 7, 2024 Appeal No. 21-22.809
The legal duration of rest between two working days is set, in France, at a minimum of 11 consecutive hours, although exceptions or adjustments to this duration may be set by convention or agreement.
In the case presented before the Court of Cassation on February 7, an employee had his request for damages for failure of the employer to fulfill the safety obligation, and more particularly of rest time between two work periods. Indeed, the Court of Appeal, after noting that on several occasions the employee had not benefited from twelve hours of rest between two shifts during the years 2014 and 2015, had held that he did not justify any specific damage.
The employee files a cassation appeal.
The question posed to the Court of Cassation was therefore whether an employee who has not benefited from his obligatory rest periods between two periods of work can therefore obtain compensation without having to justify specific damage.
The Court of Cassation, in its decision of February 7, 2024, responded positively: the sole finding that the employee did not benefit from twelve consecutive hours of daily rest between two services necessarily gives rise to the right to compensation. This same principle would be applicable regarding the application of the legal daily rest of eleven consecutive hours.
The plaintiff employee must, however, prove the quantum of damage in order to be able to justify the amount of damages he is seeking. Failing this, the judge may order the employer to pay a symbolic amount.
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