Réunion, as a French overseas department, adheres to the French Labor Code, which sets the framework for working time regulations. These regulations aim to protect employees' health and safety while providing flexibility for businesses. Understanding these rules is crucial for employers to ensure compliance and maintain positive employee relations. The standard working hours, overtime rules, rest periods, and record-keeping requirements are all important aspects of employment law in Réunion.
Standard Working Hours
The standard legal working week in Réunion is 35 hours. This generally translates to 7 hours per day for a 5-day workweek.
- Maximum Daily Working Hours: Generally, daily working time cannot exceed 10 hours, although exceptions may apply in specific sectors or with collective agreements.
- Maximum Weekly Working Hours: The absolute maximum working time is 48 hours in a week. An average of 44 hours per week is permitted over a 12-week period.
- Collective Agreements: Collective agreements can modify the standard working hours, provided they comply with the legal limits.
Overtime Regulations and Compensation
Any hours worked beyond the standard 35-hour workweek are considered overtime. Overtime work is subject to specific regulations and compensation requirements.
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Overtime Authorization: While not always mandatory, it's good practice to obtain employee agreement or provide advance notice for overtime work, especially if it's a regular occurrence.
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Overtime Limits: The number of overtime hours allowed is capped. The specific limits can be set by collective agreements, but in the absence of such agreements, the legal limits apply.
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Overtime Pay: Overtime hours are compensated with increased pay rates. The legally mandated minimum overtime rates are:
Overtime Hour Compensation First 8 hours beyond 35 hours 25% premium Subsequent hours 50% premium -
Compensatory Rest: In some cases, compensatory rest (repos compensateur) can be granted instead of overtime pay, either partially or fully. This must be agreed upon through a collective agreement or with the employee.
Rest Periods and Break Entitlements
Employees in Réunion are entitled to mandatory rest periods to ensure their well-being and prevent fatigue.
- Daily Rest: Employees are entitled to a minimum of 11 consecutive hours of rest per day.
- Weekly Rest: Employees are entitled to a minimum of 24 consecutive hours of rest per week, usually on Sunday, in addition to the daily rest.
- Breaks: Employees are entitled to a break of at least 20 minutes for every 6 hours of work. Collective agreements may provide for longer or more frequent breaks.
Night Shift and Weekend Work Regulations
Night work and weekend work are subject to specific regulations due to their potential impact on employees' health and social life.
- Night Work Definition: Night work is generally defined as work performed between 9 PM and 6 AM. This can be modified by collective agreement.
- Night Work Restrictions: Night work is restricted to situations where it is essential for the company's operations.
- Night Work Compensation: Employees working night shifts are often entitled to specific compensation, such as increased pay rates or additional rest periods. The exact compensation is usually defined in collective agreements.
- Weekend Work: Working on Sundays is generally prohibited, except for certain sectors or establishments where it is essential for providing services or maintaining operations.
- Authorizations for Sunday Work: In sectors where Sunday work is permitted, employers may need to obtain authorization from the relevant authorities.
- Compensation for Sunday Work: Employees working on Sundays are typically entitled to increased pay rates or compensatory rest.
Working Time Recording Obligations for Employers
Employers in Réunion have a legal obligation to accurately record the working time of their employees. This is essential for ensuring compliance with working time regulations and calculating overtime pay correctly.
- Methods of Recording: Employers can use various methods to record working time, such as manual timesheets, electronic time clocks, or computer-based systems.
- Required Information: The records must include the employee's name, the dates and times of work, the number of hours worked each day and week, and any overtime hours.
- Record Retention: Employers are required to retain these records for a specified period, typically five years, to allow for inspection by labor authorities.
- Accessibility: The working time records must be readily accessible to labor inspectors and, upon request, to the employees themselves.
- Penalties for Non-Compliance: Failure to comply with working time recording obligations can result in penalties, including fines and legal action.
