The Labor Code lays down provisions on public holidays. However, specific rules apply for the day of 1^er May.

Provisions relating to public holidays

Non-working holidays are defined by a company or establishment agreement (or, failing that, by a branch agreement or convention).

Where there is no agreement, the employer may determine the holidays by unilateral decision.

So he's possibility for the employer to make his employees work on public holidays (excluding 1^er May).

Concerning the remuneration of the employee, the unemployment on public holidays must not cause any loss of earnings for employees having minus 3 months seniority in the company or establishment. This provision also applies to seasonal employees. However, it does not apply to persons working from home, intermittent employees and temporary employees.

An employee working on a public holiday may benefit from an increase in his remuneration where a collective agreement, collective agreement or industrial agreement so provides.

Specific provisions as of 1 May

The 1^er may is a day obligatory nonworking. It cannot result in a reduction in wages. For example, hourly, daily or performance-based employees are entitled to compensation equivalent to the salary they would have received. This allowance is paid by the employer.

The exception of establishments and services

The 1^er may, only the establishments and services for which business continuity is indispensable (hospitals, transport ...) are not affected by the obligation not to work.

The employee who works on the 1st^er may has a doubling of his usual remuneration. The employer must pay him his salary and an allowance equal to that salary.