[EMPLOYEE'S RIGHT TO REST]

[LABOUR LAW - FUNDAMENTAL RIGHT - MANDATORY REST PERIOD]

🚨 It is essential that employers respect employees' mandatory rest periods.

(Cass. Ch. Soc., 7 February 2024, no. 21-22.809)

⚖️ In the aforementioned case, an employee took legal action against his employer for failing to respect the 12 hours of mandatory rest between his shifts during 2014 and 2015.

The French Cour de cassation pointed out that: ‘the mere fact that the employee did not benefit from the daily rest period of twelve hours between two shifts gives rise to a right to compensation. (...) The employer must take the necessary measures to ensure the safety and protect the physical and mental health of workers, in particular by putting in place appropriate organisation and resources.’

⚠ This decision highlights the severe legal implications that result from failure to comply with the fundamental rules on employee rest period.

Not only are employers exposing themselves to costly legal action, but they are also compromising the health and safety of their workers, which can have a detrimental impact on society as a whole.

✅ Employers must ensure that rest time is not only guaranteed by the employment contract but also in reality.

✅Employers are encouraged to put in place internal compliance policies, ensuring the protection of both workers and the company.

#Social law #employment #rest #compliance #fundamental law #health #safety#sécurité