Preamble
In practice, bridge days consist of not working on a day between a public holiday and one or two usual rest days in the company.
As the organization of bridge days is not regulated by the Labour Code, it is left to the freedom of the employer.
1. Do employees have a legal obligation to bridge ?
There is no legal obligation to bridge as this practice is not regulated.
Thus, this practice stems from a collective agreement, or a unilateral decision of the employer.
Therefore, an employee cannot bridge on his own initiative.
However, this practice may be imposed on employees by the employer. In this case, the employer must carry out the following formalities:
- consult the CSE when it exists.
- view the modified work schedule.
- notify its decision to the labour inspector.
2. Recovery of non-working hours due to a bridge
2.1 A legal principle
Bridging can prevent the employee from working during certain hours.
Thus, the Labour Code provides for the possibility of recovering non-working hours due to a bridge.
The labour inspector must be informed in advance by the employer of the bridge days in the year and the modalities of recovery.
2.2 Recovery procedures
It is up to a collective agreement of the enterprise or establishment or, failing that, to an agreement or a branch agreement to set the modalities of recovery of lost hours, failing which it is up to the employer to set the modalities of recovery of hours lost through bridges.
Beware, the modalities of recovery of the hours are regulated.
Thus:
- Lost hours can be recovered when the bridge precedes or follows the public holiday. On the other hand, the same public holiday may not allow the recovery of hours lost both for the bridge days preceding it and for those following it.
- Hours lost are only recoverable in the twelve months preceding or following their loss.
- Recovery hours cannot be spread evenly throughout the year.
- Recovery hours may not increase working hours by more than one hour per day, nor by more than eight hours per week.
2.3 Remuneration for hours of recovery
Bridge recovery hours are paid at the normal rate, without surcharge unless there are more favourable contractual provisions. Indeed, they are normal working hours whose execution has been deferred.
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This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation.
Contact
Claire APPELGHEM
Head of RH/Employment Law
Claire.appelghem@groupe-aplitec.com
01 40 40 38 38