As an overseas department of France, Reunion adheres to French labor law, which sets the framework for working time regulations. These rules are designed to protect employees' health and safety while providing clarity for employers regarding standard hours, overtime, rest periods, and record-keeping obligations. Understanding and complying with these regulations is crucial for businesses operating in Reunion to ensure fair treatment of employees and avoid potential legal issues.
The standard working time framework in Reunion is based on the legal workweek of 35 hours. However, this is an average, and actual working hours can vary, subject to daily and weekly maximum limits. Employers must navigate these limits carefully, considering both absolute maximums and averages over specific periods, to remain compliant with the law.
Standard Working Hours and Workweek Structure
The legal standard workweek in Reunion is set at 35 hours. This is the threshold beyond which hours are generally considered overtime. While 35 hours is the standard, employees may work more hours, provided the employer adheres to strict maximum limits.
Key limits on working hours include:
- Standard Workweek: 35 hours
- Maximum Daily Hours: Generally 10 hours. This can be extended up to 12 hours under specific conditions, often defined by collective agreements or company agreements.
- Maximum Weekly Hours:
- Absolute maximum: 48 hours in any single week.
- Average maximum: 44 hours averaged over any period of 12 consecutive weeks.
These limits apply to most employees, although specific rules may exist for certain sectors or job roles.
Overtime Regulations and Compensation
Hours worked beyond the legal standard of 35 hours per week are considered overtime. Overtime work is strictly regulated and must be compensated either through increased pay or equivalent time off in lieu.
Overtime compensation rates are typically structured as follows:
| Overtime Hours per Week | Minimum Compensation Rate (Increase) |
|---|---|
| 36th to 43rd hour | +25% of the standard hourly wage |
| 44th hour and beyond | +50% of the standard hourly wage |
Collective agreements or company agreements may specify different rates, but they cannot be less favorable than the statutory minimums. In some cases, overtime can be compensated fully or partially by mandatory time off in lieu (repos compensateur obligatoire - RCO), the duration of which is calculated based on the overtime hours worked and the applicable increase rate. The use of RCO is also governed by specific rules and agreements.
Rest Periods and Break Entitlements
Ensuring adequate rest is a fundamental aspect of working time regulations. Employees in Reunion are entitled to mandatory daily and weekly rest periods, as well as breaks during the workday.
Mandatory rest entitlements include:
- Daily Rest: A minimum of 11 consecutive hours of rest between two working days.
- Weekly Rest: A minimum of 24 consecutive hours of rest per week, which must be added to the 11 hours of daily rest, resulting in a total of 35 consecutive hours of rest per week. Sunday is generally the mandatory day for weekly rest, though exceptions exist for certain industries or roles requiring continuous operation.
- Workday Break: Employees are entitled to a minimum break of 20 consecutive minutes after working for 6 consecutive hours.
These rest periods are crucial for employee well-being and are strictly enforced.
Night Shift and Weekend Work
Working during night hours or on weekends (particularly Sundays) is subject to specific regulations due to the potential impact on employee health and social life.
- Night Work: The legal definition of night work typically covers hours worked between 9 PM and 6 AM, though collective agreements can define a different period. Employees who regularly work during these hours are considered night workers and benefit from specific protections, including limitations on daily and weekly working hours, mandatory rest periods, and often, specific compensation (e.g., higher pay rates or additional rest time).
- Weekend Work: Sunday is generally the mandatory day of weekly rest. Working on Sunday is restricted and usually only permitted in specific sectors or under specific authorizations. When Sunday work is authorized, it often entails specific compensation, which may include increased pay rates or compensatory rest, as defined by law or collective agreements.
Working Time Recording Obligations
Employers in Reunion have a legal obligation to accurately record the working hours of their employees. This is essential for demonstrating compliance with legal limits on daily and weekly hours, as well as for correctly calculating and compensating overtime.
Key aspects of recording obligations include:
- Accurate Tracking: Employers must implement a system to record the actual hours worked by each employee, including start and end times, and breaks.
- Overtime Monitoring: Particular attention must be paid to recording overtime hours to ensure they are compensated correctly and that weekly and daily maximum limits are not exceeded.
- Record Retention: Records of working hours must be kept for a specified period (typically one year) and made available to labor inspectors upon request.
- Employee Access: Employees may have the right to access their own working time records.
Proper working time recording is not just a legal requirement but also a critical tool for managing labor costs, ensuring fairness, and maintaining transparency within the workplace.
