Paragraph 1: Permanent derogation as of right

Articles in this section · 4

Article R3132-5

French Labour CodeIn force

Updated 4 Nov 2023

Industries in which materials susceptible to very rapid alteration are used and those in which any interruption of work would result in the loss or depreciation of the product being manufactured, as well as the categories of establishments and establishments mentioned in the following table, are allowed, in application of article L. 3132-12, to give weekly rest in shifts for employees employed on the work or activities specified in this table.

CATEGORY OF ESTABLISHMENT

WORK OR ACTIVITIES

Mining and quarrying

Coal agglomerates (manufacture of).

Alum (establishments processing alum ores).

Operation of furnaces and leaching equipment.

Bauxite processing.

Operation of dissolution, carbonation and purification furnaces and equipment.

Salt works and refineries.

Operation of boilers and evaporators.

Agricultural and food industries

Slaughterhouses.

Alcohols.

Distillation and rectification of products of alcoholic fermentation.

Starch mills.

Drying and decanting operations.

Industrial butter plants.

Milk processing.

Casings, tripe, gut ropes (manufacture of).

Breweries (manufacture of beer).

Casein manufacture.

Cider (manufacture).

Canned food (manufacture of).

Fats (extraction of).

Chicory pods (drying plants).

Oven operation.

Starch (manufacture of).

Industrial cheese dairies.

Ice cream (manufacture).

Milk processing plants.

Yeast (manufacture).

Malting plants.

Malting operation.

Margarine (manufacture).

Flour and flour mills.

Fish (salting, curing and drying plants).

Prune manufacture.

Plum steaming.

Sugar factories.

Manufacture and refining.

Vinegar manufacture.

Leather, textile and clothing industries

Chamois mills.

Treatment of fresh hides.

Corroieries.

Drying work.

Patent leather manufacture.

Oven operation.

Stripping of sheepskins.

Steaming work.

Indigo dyeing.

Leathers and leather goods manufacturing.

Launching of skins, lifting of pelains and confits, running of ovens.

Yarn milling of all kinds.

Supervision of the operation of milling machines.

Fresh hides and hair skins (depots).

Salting of hides.

Hide pelts (workshops).

Wetting of hides.

Tanneries.

Salting of fresh hides, desalting of hides, lifting of pelains and the first vats of the tannery.

Waxed cloth (manufacture of).

Dryer and oven services.

Paper, cardboard, publishing and printing industries

Newspaper and information companies.

Paper, cardboard and pulp (manufacture).

Paper mill felts (manufacture of).

Fuller driving.

Chemical industries

Arsenic acid (manufacture of).

Furnace operation.

Azotic acid monohydrate (manufacture of).

Liquid carbonic acid (manufacture of).

Hydrochloric acid (manufacture of).

Residual acids from the manufacture of nitrated products (establishments treating).

Sulphuric acid (manufacture of).

Ammonia, liquid (manufacture of).

Camphor (manufacture of).

Refining

Celluloid (manufacture of).

Chlorine and chlorine derivatives (manufacture)

Ammonia chloride (manufacture).

Sublimation.

Glues and gelatins (manufacture).

Treatment of raw materials; operation of autoclaves and dryers.

Calcium cyanamide (manufacture of).

Preparation of pure nitrogen, grinding of carbide, azotization of ground carbide.

Alkali cyanides (manufacture of).

Dynamite (manufacture of). Hydrogen peroxide (manufacture of).

Electrolysis of water (establishments practising).

Animal fertilisers (manufacture).

Transport and treatment of materials.

Ether (manufacture of).

Tanning and dyeing extracts (manufacture of).

Glycerine (distillation of).

Tar distillation plants.

Shale oils (distillation plants).

Iodine (manufacture).

Artificial colouring matter derived from coal tar (manufacture of).

Aniline black (manufacture of).

Conducting oxidation in dyeing.

Mineral black (manufacture of).

Mineral black.

Zinc oxide (manufacture of).

Perfumeries.

Extraction of perfume from flowers.

Petroleum refineries.

Distillation and parafining apparatus service.

Phosphorus (manufacture of).

Photographic plates, paper and film (manufacture of).

Synthetic organic chemicals (manufacture of).

Soap factories.

Ammoniacal salts (manufacture of).

Equipment operation.

Soda and potassium silicates (manufacture).

Soda ash (manufacture).

Metal sulphates (manufacture).

Equipment operation.

Sodium sulphate (manufacture).

Carbon sulphate (manufacture).

Sodium sulphide (manufacture).

Superphosphates

Viscose (manufacture)

Plastics industry

Plastics processing.

Continuous extruder operation.

Industrial plants using ovens

Ultramarine blue (manufacture of).

Operation of furnaces.

Calcium carbide (manufacture of).

Work with electric furnace.

Ceramics.

Product drying and kiln operation.

Lime, cement, plaster (manufacture of).

Oven operation.

Coke (manufacture).

Kiln operation.

Wood distillation plants.

Operation of furnaces and equipment.

Dolomite processing plants.

Furnace operation.

Electric furnaces (establishments using).

Work carried out using electric furnaces.

Galvanising and tinning of iron (establishments engaged in).

Furnace operation.

Kaolin preparation plants.

Furnace operation.

Litharge manufacture.

Furnace operation.

Minium (manufacture).

Furnace operation.

Animal black (manufacture of).

Furnace operation.

Antimony oxide (manufacture of).

Furnace operation.

Metal feathers (manufacture of).

Furnace operation.

Silica powder (manufacture of).

Calcination kiln operation.

Sulphur (manufacture).

Furnace operation and sublimation of sulphur.

Glass and crystal works.

Furnace operation.

Metallurgical and metalworking industries

Electric accumulators (manufacture).

Formation of plates and supervision of lead smelting furnaces.

Barium dioxide (manufacture of).

Electric cables (manufacture).

Insulation work and operation of furnaces.

Enamelled iron and cast iron (factories).

Service of manufacturing furnaces.

Tallow foundries.

Receiving and treatment by acid or water bath.

Rolling mills and wire-drawing mills for all metals.

Continuous metal protection.

Metal production plants.

Other works and industries

Compressed air (construction sites).

Production and blowing of compressed air.

Candle manufacturing.

Preparation of fatty acids.

Ice manufacturing.

Manufacture and softening of ice.

Straw for hats (manufacture of).

Straw bleaching.

Drying of cabinet wood.

Fire and ventilation control.

Production and distribution of energy, water and heat transfer fluids

Lighting, water distribution and energy production companies.

Heating companies.

Electricity (manufacture of coal for electricity).

Coal firing.

Cooling plants.

Equipment operation.

Hydraulic power plants.

Operations driven by hydraulic power.

Windmills.

Wholesale and retail trade

Furniture (retail establishments).

DIY (retail establishments).

Tobacco shops.

Distribution of motor fuels and lubricants (petrol stations).

Seafood establishments.

Natural flowers (wholesale establishments).

Transport and delivery

Land transport companies other than rail transport companies.

Rail transport companies and companies involved in the management, operation or maintenance of railway lines and fixed infrastructure installations.

Train driving and escorting. Activities relating to transport timetables and ensuring the continuity and regularity of traffic, including the maintenance of installations and equipment. Guarding, surveillance and duty activities characterised by the need to ensure the protection of people and property.

Air transport and aerial work companies.

Forwarding, transit and packaging companies.

Airports (businesses and services located on airport premises).

Toll road facilities (companies operating toll roads).

Toll services.

Industrial and commercial establishments.

Transport services for deliveries.

Telecommunications

Telecommunications transmitting and receiving companies.

Financial activities

Savings banks.

Currency exchange.

Foreign exchange activities.

Health and care

Health, social and medico-social establishments. Pharmacies. Bathing establishments, swimming pools, hammams, thalassotherapy, balneotherapy, spas.

Nursing and veterinary medical care (establishments and services).

On-call services. All activities related to emergencies and continuity of care.

Animal care (establishments and services).

All activities related to the supervision, care, maintenance and feeding of animals.

Funeral parlours.

Sewerage, environment, roads and waste management

Watering, sweeping, cleaning and refuse collection companies.

Public toilets.

Disinfection companies.

Rendering companies.

Air quality monitoring (approved associations).

All activities directly related to the purpose of these associations.

Industrial and commercial establishments.

Disinfection work.

Recreational, cultural and sporting activities

Entertainment companies.

Museums and exhibitions.

Casinos and gaming establishments.

Cultural, sports and recreation centres. Amusement parks.

All activities and businesses located on their premises and directly related to their purpose.

Collection of authors' and performers' rights.

Inspection services.

Photography (workshops).

Taking of photographs.

Tourism

Insurance (organisations and auxiliaries).

Duty service for assistance to travellers and tourists.

Tourist offices.

Tourism and leisure (related companies or service agencies).

Booking and selling excursions, tickets for shows, customer support.

Immediate consumption and catering

Manufacture of food products for immediate consumption.

Hotels, cafés and restaurants.

Maintenance, breakdown and repair

Garages.

Emergency repairs to vehicles

Agricultural machinery repair shops.

Urgent repairs to agricultural machinery.

Vehicles (repair shops).

Urgent repairs

Lifts, hoists, ventilation, heating and refrigeration equipment (installation companies).

Emergency breakdown service.

Maintenance (companies and services).

Overhaul, maintenance, repair, assembly and dismantling work, including computer work requiring, for technical reasons, the shutdown of installations, or which must be carried out urgently. Repair work on domestic appliances and installations used on a daily basis.

IT engineering (companies and services).

Outsourcing for client companies benefiting from a permanent derogation allowing employees to take weekly rest days in shifts, as well as for companies that cannot, for imperative technical or security reasons, suffer interruptions to IT services. Outsourcing of international networks.

Electronic communications monitoring, support and assistance services (companies).

Monitoring, telephone or telematic assistance.

Rescue and security

Banks and credit institutions.

Guard services.

Processing of means of payment (credit institutions).

Payment authorisation and stop payment services to ensure the security of means of payment.

Surveillance, guarding (security company).

Surveillance, guarding and fire-fighting services.

Companies holding concessions or managing marinas.

Permanent and continuous surveillance of port facilities and of boats moored in, entering or leaving the port. 24-hour reception of pleasure boaters. Intervention of emergency teams (safety on land and at sea).

Industrial and commercial establishments.

Fire prevention service.

Personal services

Services to individuals in their own homes (associations or companies approved by the State or a local authority that hire workers to make them available to individuals).

All activities directly related to the purpose of these associations or companies.

Salaried lawyers.

Application of provisions relating to legal aid, ex officio commissions or appointments and aid for the involvement of lawyers in non-jurisdictional proceedings.

Rental

DVD and video cassette rental (establishment).

Activities located in these establishments and directly related to their purpose.

Property developers and agencies.

Seasonal rental of furnished tourist accommodation.

Hire of chairs and means of transport.

Markets, fairs and exhibitions

Regularly registered fairs and exhibitions, congresses, conferences and seminars (organising companies, stand installation, participating companies).

Organising events, exhibitions, setting up and dismantling stands, manning stands. Welcoming the public.

Markets set up on the public domain and under municipal authority (companies setting up these markets, concession holders, participating companies and businesses).

Setting up and dismantling markets. Running stalls. Collecting fees.

Permanent display and exhibition areas where the activity is exclusive of any sale to the public, reserved for producers, retailers or service providers.

Education

Education (establishment).

Boarding service.

Flowers, seeds and garden centres

Garden centres and seed shops.

All activities located in these establishments and directly related to their purpose.

Natural flower shops.

Real estate

Property developers and agencies.

Sales offices at construction or exhibition sites.

Religious activities

Religious establishments.

Activities directly related to religious worship.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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