Emeline Salmon, EPP Rechtsanwälte Avocats "The recent Supreme Court ruling has reshaped work schedules in France"

LEADERS LEAGUE: What does French labor law stipulate about weekly working time and rest periods?

Emeline Salmon: Under French labor law, employees cannot work more than six days per week. They must be granted a minimum of 24 consecutive hours of rest each week, on top of a daily rest period of 11 hours, leading to a total of at least 35 consecutive hours of rest per week.

The chapter of the Labor Code on weekly rest does not define the concept of the week, however. It can therefore refer to a week of seven consecutive days from any given start point, or a civil week from Monday 0:00am to Sunday 11:59pm. Irrespective, what the seven consecutive days format means is that once six days of work have been completed, employees must be granted a minimum of 35 hours of rest immediately thereafter.

On this topic, what did November’s decision by the French Supreme Court clarify?

It has reshaped work schedules in France. The decision by the French Supreme Court on November 13th 2025 (case no. 2410.733) brought significant clarification regarding the subject of weekly rest periods. The court ruled that the six-day work limit does not apply rigidly nor immediately. Instead, employees may work beyond six consecutive days if 35 hours of rest are granted within the same civil week (from Monday 0:00am to Sunday 11:59pm).

How does this decision impact the organization of working time and rest periods?

In practical terms, this decision means that an employer can legally grant an employee rest on Monday of week A and on Sunday of week B, ensuring that the employee receives at least 35 consecutive hours of rest within each civil week (week A and week B). Despite 12 days of work passing between the Monday of week A and the Sunday of week B, the employer would still be in compliance with French regulations. Basically, the French Supreme Court decision has brought companies more flexibility when it comes to managing work schedules.

On this topic, what did November’s decision by the French Supreme Court clarify?

It has reshaped work schedules in France. The decision by the French Supreme Court on November 13th 2025 (case no. 2410.733) brought significant clarification regarding the subject of weekly rest periods. The court ruled that the six-day work limit does not apply rigidly nor immediately. Instead, employees may work beyond six consecutive days if 35 hours of rest are granted within the same civil week (from Monday 0:00am to Sunday 11:59pm).

How does this decision impact the organization of working time and rest periods?

In practical terms, this decision means that an employer can legally grant an employee rest on Monday of week A and on Sunday of week B, ensuring that the employee receives at least 35 consecutive hours of rest within each civil week (week A and week B). Despite 12 days of work passing between the Monday of week A and the Sunday of week B, the employer would still be in compliance with French regulations. Basically, the French Supreme Court decision has brought companies more flexibility when it comes to managing work schedules.

Is this ruling in line with European labor regulations?

Yes, the decision aligns with European regulations, particularly Directive 2003/88/EC of the European Parliament and of the Council of November 4th 2003, which guarantees weekly rest but does not specify that it must be taken immediately after six consecutive days of work. The decision by the French Supreme Court last November offers, therefore, greater flexibility to employers while maintaining the obligation to respect the weekly rest period within each seven-day cycle.

Does this decision allow employers to disregard other French working time regulations, particularly regarding Sunday work?

No, this decision does not allow employers to bypass the strict French regulations governing Sunday work. French labor law requires that, in the interest of employees, the weekly rest period is usually granted on Sundays. While there are specific exceptions to the Sunday work rule for certain economic and social purposes, these exceptions are limited and must be strictly adhered to.

What should employers take away from this decision?

The new decision by the French Supreme Court provides a flexible, but not unlimited, approach to weekly working time. The main takeaway for employers is that, while the decision does provide more flexibility in organizing the working time of staff, it does not excuse employers from abiding by fundamental principles, such as daily and weekly rest periods, as well as maximum daily and weekly working hours and the rules surrounding Sunday work.