Question 19823 — work

Summary

Mr. Rémi Delatte questions the Minister of Labor on the problem posed by the opening of restaurants on May 1, about which his ministry has been questioned several times since the 1980s, and particularly repeatedly in recent years. On April 16, 2012, the General Directorate of Labor issued a note to the attention of DIRECCTE under the terms of which the catering sector falls within the scope of exemptions from Article L. 3133-6 of the Labor Code. Likewise, the response published on August 4, 2016 by the Government in response to several written questions asked on this subject in 2015 repeats, to the nearest comma, the said note from the DGT, in these terms: “Catering establishments of all kinds (on-site and take-away catering, fast food, etc.), due to the nature of their activity, participate in the continuity of social life in contributing to the satisfaction of an essential public need. As such, these establishments fall within the scope of the May 1 unemployment exemption as defined by article L. 3133-6 of the labor code. However, not all DIRECCTEs follow this directive, because it is directly contrary to the case law of the Court of Cassation, recalling that a prescription of an interpretative nature must be set aside when it is contrary to positive law. It follows that reports are drawn up, transmitted to the prosecutor, and sometimes followed by criminal proceedings against restaurateurs who believed they could rely on the position of the minister and on their collective agreement extended without restriction in this regard, to be authorized to open on May 1. At the same time, this orientation is not followed throughout the territory, creating de facto inequality treatment. Also, he would like to know if it is possible to consider that a regulatory text provides details on the exemption criterion in order to ensure legal certainty for economic actors and unity in the application of positive law on the national territory, and that restaurateurs (as well as other professions for that matter) can reasonably estimate in advance whether they risk being in violation by opening May 1.

Machine translation from French. The official text remains authoritative.

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