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WORKING IN FRANCE

Lunch, coffee or cigarette: What work breaks are you entitled to in France?

French workers are often stereotyped as enjoying plenty of breaks - from long lunches to frequent smoke breaks and/or coffee breaks but is this accurate? And what does the law actually say?

Lunch, coffee or cigarette: What work breaks are you entitled to in France?
People smoke cigarettes on a sidewalk (Photo by Thomas COEX / AFP)

When watching films or television shows set in France, it seems that workers spend most of their time chatting during smoke breaks or enjoying a leisurely lunch at a restaurant or the work canteen. 

In reality, French law is not as generous as you might think when it comes to taking breaks during the work day. 

Breaks law

Article L.3121-16 of the Labour Code states that “a break of twenty consecutive minutes should be provided as soon as the working time reaches six hours. For minors, a break of at least 30 consecutive minutes should be given for every 4.5 hours of work.”

Technically, a worker’s lunch break would be included in this, as the law does not provide a specific amount of time for lunch.

In terms of working hours, French employees are entitled to a daily rest period of 11 hours, so if you were to finish work at 6pm, you would need 11 hours off the job until you can legally start again at 5am.

Individual work contracts, or ‘conventions collectives’, might also offer a more generous framework for break-taking.

Workers who spend their days looking at a screen might be entitled to more breaks, however. Another part of French labour law, Article R.4552-4, says that employers must “organise the worker’s day in such a way that his or her daily screen time is periodically interrupted by breaks or by changes of activity” to reduce time spent in front of a screen. 

When working on screens, employees are recommended to “take a break of at least five minutes every hour if the work is involved, or a break of 15 minutes every two hours if the work is less intensive,” according to France’s National Research and Safety Institute for the Prevention of Occupational Accidents and Diseases.

So do French workers take long lunches?

Yes, France does have a penchant for long meals. The country ranked in first place out of all OECD countries – ahead of Italy, Greece and Spain – for the amount of time spent eating and drinking, with the average French person racking up two hours and 13 minutes per day (including weekdays) of time at the table. 

READ MORE: Work, sleep and lunch: What do the French do all day?

A decent portion of that time eating and drinking does take place at work, as many companies in France do allow workers to have significantly longer breaks than just 20 minutes every six hours. 

The French government even acknowledges this – the site Service-Public says “a longer break is generally customary (a minimum 45-minute lunch break, for example).”

Eating at your desk is also not allowed, though there was a brief period during the Covid-19 crisis where this rule was relaxed.

French labour code forbids workers from eating on ‘work premises’ mainly for hygiene regions. The origins of the rule date back to the late 1800s – to curb the spread of disease, the French government opted to ban lunch in the workplace in 1894. The goal was for people to eat outside, where the air was flowing and germs were less likely to be spread.

These days, the rule has stuck around and it’s a big part of the reason workers might sit together in the canteen or go out to eat during their lunch break – and businesses that have 50 or more employees are required to provide a canteen or other catering area. 

Many shops and workplaces also close during lunchtime, typically between 12pm and 2pm, while French schoolchildren also have a two-hour break. Traditionally, it was common for kids to go home to eat lunch with their families before finishing off the rest of the school day. 

What about smoke and coffee breaks?

The pause-clope (smoke break) is so common in French offices that French daily Le Figaro wrote an article this November with the headline “Beware: Your employer can forbid you from smoking”. 

The article explained that there are no “legal obligations to give a smoke break and it may be refused by your employer”.

There have also been cases of people being fired for taking smoke breaks without permission, according to the article, which gave the example of a security guard being fired on the grounds of ‘serious misconduct’ for having left his post before the end of his shift to go smoke outside the building, without authorisation.

Nevertheless, many French employers allow workers to go out for several smoke breaks a day. It is also not uncommon for workers to start the day off with a morning coffee, and perhaps to take another coffee break after lunch. 

Ultimately this depends on the employer and how generous he/she is with accepting break-time.

What about holidays?

In addition to 11 public holidays per year (13 if you live in the historic Alsace Lorraine region), workers in France are entitled to paid holiday time that amounts to five weeks – 25 days – a year.

So on the generous side but not startlingly more than other European countries including the UK. 

The real benefit French workers get is RTT days.

France’s most famous labour policy is the 35-hour week, but in fact few people work just 35 hours and the average working week is 39 hours, which is the European average.

However, those who work more than 35 hours in a week in France may be entitled to extra days off known as réductions de temps du travail, or RTT days.

This doesn’t apply to everyone – generally people in management or executive positions forego RTT days and certain professions have also opted out but for many people working a 39 or 40 hour week means getting up to an extra fortnight off a year in reclaimed RTT days. 

READ MORE: These are the days off that workers in France are entitled to

The relatively generous allowances have given rise to a stereotype that French people are lazy or do not spend much time working.

READ MORE: EXPLAINED: Why is France’s 35-hour week such a sacred cow?

In fact, since 1970, France has consistently been at or near the top of productivity comparisons with other EU and OECD countries.

A recent study on workers’ emotional well-being reported that the French were some of the most fulfilled workers of all, scoring higher than all their European counterparts.

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TRAVEL NEWS

What’s the deal with passport stamping in France?

There are clear guidelines in place about who should have their passport stamped when they enter or leave France - but the letter of the law doesn't always seem to be applied on the ground. Here's what you need to know.

What's the deal with passport stamping in France?

When you pass through a French border control post, officers will check your passport and – in some cases – stamp the date of your entry or exit of the country onto one of the blank pages in the booklet.

Although the system should be clear and simple, it becomes complicated when conflicting information is given on the ground.

Here’s what the rules say, and whether it’s really a problem if your passport is incorrectly stamped.

Who should be stamped?

The purpose of the date stamps for entry and exit is to calculate how long you have been in France, and therefore whether you have overstayed your allowed time – whether that is the time allowed by a short-stay Schengen visa or the visa-free 90-day allowance that certain non-EU nationals benefit from. 

Those people who are exempt from 90-day restrictions should therefore not have their passports stamped.

EU passport – people who have an EU passport should not have it stamped, because they have the right to unlimited stays due to EU freedom of movement.

Dual nationals – people who have passports of both EU and non-EU countries should not be stamped when they are travelling on their EU passport. However, because the passports of dual nationals are not ‘linked’, those travelling on their non-EU passports will be stamped, unless they have other proof of residency.

READ ALSO What are the rules for dual-nationals travelling in France?

French residents – the passports of non-EU citizens who have a residency permit in France (carte de séjour) should not be stamped, because they have the right to stay in France for as long as their permit is valid.

Visa holders – people who have a long-stay visa or a short-stay visitor visa should not be stamped, because they have the right to stay in France for as long as their visa is valid. 

Tourists/visitors – people making short visits to France who do not have a visa should be stamped, with the stamps keeping track of their 90-day allowance. Visitors from nationalities who do not benefit from the 90-day rule (eg Indians) are also stamped.

Travel practicalities

When crossing a French border, you should present your passport along with other documents – visa or carte de séjour – if relevant. Don’t wait for border guards to ask whether you are a resident.

It should be noted that the carte de séjour is not a travel document and cannot be used to cross borders, not even internal Schengen zone borders. The only valid travel documents for entering France are a passport or national ID card. Any other forms of ID – driving licence, residency card etc – cannot be used for travel purposes.

Border problems

While the rules on stamping are simple in theory, many readers of The Local have reported having their passports incorrectly stamped at the border, and this seems to be a particular problem for non-EU nationals who are resident in France.

Travellers are also often given incorrect information by border guards – for example being told that only holders of the post-Brexit Article 50 TUE carte de séjour are exempt from stamping, that all non-EU nationals must have their passports stamped or that only being married to a French national exempts you from stamping.

None of these are correct.

It’s also sometimes the case that people whose passports should be stamped – tourists, visitors and second-home owners who don’t have a visa – do not receive the stamp. For frequent visitors this can be a problem because it looks as though they have had a long stay in France, due to their exit not being recorded.

The system of stamping itself is also a bit haphazard with stamps scattered throughout the passport book in random order, so border guards sometimes make mistakes and miss an entry or exit stamp and therefore think that people have overstayed when they haven’t.

So how much of a problem actually is it if your passport is wrongly stamped?

It’s one thing to know the rules yourself, it’s quite another to have an argument with a border guard, in French, when a long queue is building behind you. Numerous Local readers have reported feeling that they had no choice but to accept a stamp when an implacable guard insisted upon it.

But is this really a problem?

One thing is clear – if you are a resident of France then you have the right to re-enter, and your proof of residency (visa or carte de séjour) takes precedence over any passport stamps. So it’s not a question of being barred from the country – it can, however, be inconvenient as it might lead to delays at the border while your passport record is queried.

Meanwhile people who did not receive correct exit stamps can be incorrectly told that they have over-stayed and even be liable for a fine. 

Will the new EES passport control system improve this?

Theoretically, the EU’s new Entry & Exit System – which does away with the manual stamping of passports – should get rid of these problems.

However, as we have seen, theory and what actually happens on the ground are two different things.

The EES system, due to come into effect later this year, brings in two main changes – it makes passport checks more secure by adding diometric data such as fingerprints and facial scans and it does away with manual stamping of passports and replaces it with scans which automatically calculate how long people have been in France.

You can read full details of how it works HERE

So that should eliminate the problems of unclear stamps, stamps being read wrongly or passports not getting the stamps they need.

Residents in France – carte de séjour and visa holders – are not required to complete EES checks and should have a separate system at ports, airports and railway terminals.

However, at present it’s pretty common for border guards to give incorrect information to non-EU residents who are resident in the EU – let’s hope that they are properly briefed before EES is deployed.

Have you had problems with passports being incorrectly stamped? Please share your experiences in the comments section below

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