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READER QUESTIONS

Reader Question: When does the working day start and end for French employees?

France has strict employment rules - but does that extend to when you can clock on and off? And is it really true that French workers spend most of their time either on holiday or on their lunch break?

Reader Question: When does the working day start and end for French employees?
Commuters wait for the train in the Gare de l'Est metro station in Paris, on March 7, 2023, as fresh strikes and protests are planned against the government's controversial pensions reform. - Unions have vowed to bring the country to a standstill over the proposed changes, which include raising the retirement age from 62 to 64 and increasing the number of years workers have to make contributions for a full pension. (Photo by Christophe ARCHAMBAULT / AFP)

Much is made of France being a workers’ utopia, with strong unions, short working weeks, a low retirement age, and plenty of holidays.

The truth, as it always is, is not entirely per the brochure. Yes, the unions are strong. And, yes, the retirement age is – currently – lower than many other countries – the government’s efforts to raise it to 64 is the reason for the current wave of strikes and protests.

But other tales, such as the one about managers not being allowed to email their staff out of hours, should be taken with a pinch of salt. (Looking at this one specifically – that the rule actually says that there’s nothing to stop bosses emailing their team at any time of day – but they cannot discriminate against staff who don’t respond to an email sent outside their usual working hours).

READ ALSO France gives workers ‘right to disconnect’ from work email

So what do working hours rules really say?

35-hour week – Let’s start with the 35-hour week. Officially, the legal working week is set at 35 hours. This is not the maximum amount of time a person can work, but is the reference number for calculating overtime, or part-time job hours.

People who benefit from the 35-hour week might work longer (the typical working week for office employees is 40 hours) but they are entitled to time back in lieu – known as RTT days – for every hour they work over that 35-hour mark.

However, it’s important to note that there are quite a lot of exceptions to the rule – certain professions are not covered by it (journalists for example – yes, obviously we checked that) and anyone who is at middle-manager level or above is also not covered. 

Here’s a more detailed look at how the 35-hour week really works

Working hours – For the actual hours that people work, obviously, a lot depends on the type of work people do – bar and restaurant staff and shop workers have different hours to those in an office environment, for example.

Police, hospital staff, and emergency services and factory workers are often on shift work, just as they are in every country and most cities will have a Noctilien (night bus) service which is designed with the needs of shift workers in mind.

But, for office workers, the standard working week is Monday to Friday, with starting times, depending on where you’re located usually running between 8.30am and 9.30am; and the working day ends at between 5.30pm and 6.30pm.

It is not uncommon, however, to see some office workers – more usually managers, who have flexibility on their working time – leaving the office as late as 8pm. 

Importantly, employees are obliged to take a lunch break – al desko dining is not permitted in French offices. These are usually between 45 minutes and an hour long – to allow time for a two-course meal at a nearby restaurant, if necessary.

There are some shops and offices, especially government offices, that close completely between 12 noon and 2pm, to allow workers to go for lunch. If that is the case, they will usually stay open until 6pm. Shops typically stay open until 7pm as do other businesses such as hairdressers.

Holidays – workers are of course also entitled to annual leave (plus they may get time off for personal reasons such as maternity and paternity leave, bereavement, getting married and sick days).

The standard holiday allowance in France is 25 days a year, generous but in line with European averages. If you’ve ever wondered how people manage to take the whole of the month of August off, plus time at Christmas it’s usually because they benefit from those RTT days (time off in lieu for 35-hour working week) and have saved up their extra hours to add onto their summer holiday.

There are also public holidays – 11 per year or 13 if you live in Alsace-Lorraine – and while not everyone gets the day off (shops tend to open on most public holidays, especially in big cities) employees would normally get extra pay or time off in lieu for working on a public holiday.

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

Strikes – another reason a French employee might not be at work is if they are on strike. While it’s true that the French do strike quite a lot, they also forego their salary for days when they’re on strike, so having a ‘day off’ for a strike is not quite as good as it sounds.

Self-employed – The above rules apply to salaried employees, while those who are self-employed are of course free to work as long as they like (within certain safety and sector-specific limits).

There were around 3.3 million people in 2021 who were self-employed and this often includes those work in a family business such as a local bouangerie or café.

There are some rules that cover certain sectors, however – for example boulangeries are legally obliged to close at least one day a week, a rule intended to give their hard-working staff (working those baguette ovens is a hot and sweaty task) a break. If you’re in a city, you’ll likely find that boulangeries within a certain area operate an informal rota system so that there is always at least one open on each day.

Lies, damned lies and statistics – Finally, a note about international comparisons – a lot of these are based on a fairly blunt formula of taking the total population of a country – including children, pensioners and the unemployed – and dividing it by the total number of hours worked in that country.

This means that countries like France which have a low retirement age and a long life expectancy (and therefore a lot of pensioners) come out poorly in terms of hours worked. France also has an unemployment rate higher than the European average, which skews their figures.

Perhaps a more useful figure to look at is the productivity of those who do work, and in those comparisons France tends to come out well, having among the most productive workers in Europe.

It may be that it’s not a coincidence that workers who have regular holidays and a proper break for lunch are highly productive when they’re at work?

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TRAVEL NEWS

Reader question: How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

Reader question: How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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