Question 8430 — commerce and crafts

Summary

The provisions of Article L. 3132-29 of the Labor Code aim to avoid unfair competition between businesses in the same profession, depending on whether or not they are subject to the weekly rest obligation, within a specific geographical area. They thus allow the prefect to regulate the weekly closing (Sunday or another day) of all establishments of the same profession, whatever their size, whether or not they have employees, within a given territory. However, the initiative for such regulation rests with the social partners, as evidenced by the modalities governing the adoption of a prefectural closure order. This decree is in fact based on an agreement reached between the employee union organizations and the employer organizations of a profession and a geographical area. determined. This agreement reflects the opinion of the majority of members of the profession concerned. This means that the majority of interested parties have consented to this opening restriction which only becomes effective with the adoption of the prefectural closure order. The effectiveness of such a system relies on the necessary updating of prefectural closure orders: in fact, these regulations can be modified or they must be repealed when the majority of members of the profession no longer wish to impose a weekly closing day within the geographical area concerned. This is the reason why article 255 of law no. 2015-990 of August 6, 2015 for growth, activity and equal economic opportunities introduced a second paragraph within article L. 3132-29 of the labor code, which recalls this condition of repeal by the prefect.

Machine translation from French. The official text remains authoritative.

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