Public holidays in the restaurant industry: what are the rules?

With more than 11 public holidays in France, it is sometimes difficult to find your way around! Especially if you are wondering how many of these holidays are actually applicable in the food service industry. Key moments of the year, these days are however often synonymous with work for the catering staff. Don't worry, Innovorder has clarified the issue for you in this complete guide to public holidays in the restaurant industry!

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What are the holidays according to the collective agreement for the restaurant industry?

In France, there are 11 public holidays recognized by law:

• January 1st (New Year)
• Easter Monday
• May 1st (Labour Day)
• May 8 (Victory in 1945)
• Ascension Thursday
• Whit Monday
• July 14th (National Day)
• August 15 (Assumption)
• November 1 (All Saints' Day)
• November 11 (Armistice 1918)
• December 25 (Christmas)

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The HCR agreement imposes guaranteed holidays

In the restaurant industry, employees who have worked for more than one year are entitled to 10 holidays per year, in addition to May 1st. Of these 10 days, 6 are guaranteed and entail remuneration, time compensation or indemnification, even if the employee is not on vacation on these days.

It is important to note that employees do not have to be off work on these guaranteed holidays, but are simply entitled to be paid or compensated if necessary. The 6 guaranteed holidays are the same for all employees, without exception.

👉 Going further: what is the legal working time in the restaurant industry?

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What is the holiday pay in the restaurant industry?

What about the other 4 holidays in the restaurant industry? These are granted differently:

• If an employee has to work on that day because the restaurant is open, he or she will receive a compensation day.

• If the holiday falls on a day of rest, he or she will not receive compensation or indemnity, as is the case for all normal holidays.

• Finally, it should be noted that if the holiday is not observed, the employee will not have a reduction in pay.

May 1st, an exception for the restaurant industry?

May 1st is a special holiday, being the Labor Day. Depending on the situation of your restaurant, different rules may apply in terms of compensation for your employees: 

• First, if your restaurant is usually closed on the day of the week on which May Day falls, or if it is a regular day of rest for your employee, the employee's pay remains unchanged;

• If May 1 is a regular day that your restaurant is open, but you decide to close it so that your employees can enjoy a day off, you must still pay them as if they had worked;

• If your establishment is open on May 1st and your staff works on that day, you must give them a legal indemnity equivalent to the amount of a normal working day. That is to say, paid at twice the usual rate of pay, since May 1st is a holiday!

What about paid holidays for seasonal contracts?

Do you have employees on seasonal contracts? In this case, the calculation of holidays is slightly different.

An employee on a seasonal contract is also entitled to additional holidays in addition to May 1st if he/she has a minimum of 9 months seniority (in total, adding up the different fixed-term contracts carried out within the restaurant).

For example, if your employee has worked for your facility for 10 months, he or she will be entitled to 5 additional holidays in addition to May Day. To calculate the number of additional holidays, you multiply the number of months worked by the number of guaranteed holidays, then divide the result by 12 months. In our example, this is (10 x 6) / 12 = 5.

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