Whether you are a restaurant owner or an employee of the restaurant industry, you should know that every employee is entitled to paid vacations every year at the expense of the employer. In this article, you will find all the information about paid vacations in collective, fast food and traditional restaurants. This way, you will have all the information you need to correctly manage your business according to the law and to be in compliance with your employees.
Paid vacations in the restaurant industry: how does it work?
According toarticle L.3141-3 of the French Labor Code, every employee is entitled to paid leave each year at the employer's expense. In concrete terms, this means that any employee in the catering industry (collective, commercial or traditional) is entitled to paid leave, regardless of the type of contract (seasonal, fixed-term contract, open-ended contract, etc.) and the employee's seniority. This right to paid leave is based on the sole condition that the employee has completed one month of actual work for the same employer (i.e. four consecutive weeks or twenty-four working days).
Vacation days begin to accrue from the first day of work, even if the employee is on probation in the restaurant.
The Labor Code also provides that employees under 21 years of age as of April 30 of the previous year are entitled to two additional days of leave per dependent child. This leave is reduced to one day if the legal leave does not exceed six days. And for spouses who work for the same employer, they can request to take their paid leave over the same period.
How to calculate paid vacations in the restaurant business?
Entitlement to paid leave is calculated on the basis of two and a half working days per month of work, but the total period of leave due may not exceed 30 working days. This amounts to 30 working days of paid leave for a full year of work.
To be entitled to paid vacations in the restaurant industry, you must have worked at least 1 month in the same restaurant, over a period between June 1st and May 31st of the following year. This is called the reference period.
The reference period
The reference period corresponds to the period during which one acquires rights to paid vacations. The reference period is equal to 12 months: it starts on June 1st and ends on May 31st of the following year, regardless of the date of hiring or last vacation. If you work during this reference period, it means that you capitalize paid vacation days. It is important to understand what the reference period is because it will determine whether or not it is possible to schedule paid leave.
Rules for taking time off
Paid vacations can be taken at different times depending on the collective agreement of the establishment where you work. The collective agreement provides for a period of time during which employees can take their vacation. In all cases, the employer must inform all employees of the vacation period at least two months before it begins. Please note that it is the employer who determines the order and dates of paid vacations for his employees.
Please note: when the number of working days calculated is not a whole number, for example because of several absences, the duration of the paid leave is calculated to the next higher whole number, in favor of the employee (e.g.: 19.5 days of leave are rounded up to 20 days).
Absences during the reference period
Article D3141-3 of the French Labor Code specifies that the following absences cannot be deducted from the reference time for the calculation of paid leave:
- Absences authorized by the employer,
- Maternity, paternity and adoption leave,
- Days of absence due to illness or accident,
- Unemployment days,
- Notice periods,
- Mandatory periods of military training.
Therefore, if an employee has been absent for the reasons mentioned above, the employer cannot count these days in the calculation of future paid vacations. For all other absences, it is to be negotiated with the employer!
What about untaken paid leave?
Untaken paid vacations can be paid by the employer. And it is even mandatory for employees on fixed-term contracts who come to the end of their contract. The employer must pay the employee for any paid leave earned and not taken. However, in the case of permanent contracts, the employer may refuse to pay the employee, provided that he allows the employee to take the paid leave.
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In the traditional restaurant industry: 6 weeks of paid vacation
Employees in the restaurant industry may be entitled to additional vacation days depending on the collective agreement to which they are subject. For example, all employees working in traditional restaurants are covered by the HRC collective agreement (hotels, restaurants, cafés). Article 11 of the first amendment to this agreement specifies that all employees benefit from 6 days of additional paid leave, at the rate of 0.5 day per month of actual work. This gives an additional 6 working days per year, i.e. a total of 6 weeks paid vacation for employees covered by the HRC collective agreement.
The HCR collective agreement (Hotels, Restaurants, Cafés) is a national collective agreement that establishes a set of provisions for all companies included in its scope. The HCR collective agreement applies to all companies in mainland France and in the French overseas departments whose main activity is the provision of accommodation and/or meals and/or beverages and related services.
The HCR collective agreement concerns :
- hotels with restaurant,
- tourist hotels without restaurant,
- the prefecture hotels,
- traditional type restaurants,
- tobacco shops,
- drinking establishments,
- caterers organizing receptions,
- discotheques and bowling alleys.
The companies concerned are generally listed under NAF codes 55.1A, 55.1C, 55.1D, 55.3A, 55.4A, 55.4B, 55.5D, 92.3H.
The HCR collective agreement also sets the amount of vacation pay and the terms and conditions for exceptional absences authorized during the reference period (family events, sick child, maternity leave, illness, etc.).
Last interesting information in the HCR collective agreement for employees from French overseas departments and territories and foreign employees outside the European Union: they can, with the employer's written agreement, accumulate their paid vacations over 2 years.
But beware, the HRC collective agreement does not cover :
- Employers and employees working in food and fast food businesses that sell exclusively over-the-counter food and beverages in disposable containers that can be consumed on the premises or taken away.
- Employers and employees working in collective catering companies.
How do I know which collective agreement I belong to?
Your collective bargaining agreement may give you access to additional vacation days. To easily find the collective agreement you are covered by, go to the Digital Labor Code website.
What you need to know about paid time off in the restaurant industry
Here are the 3 things to remember about paid time off in the restaurant business:
- All employees in the food service industry are entitled to a minimum of 5 weeks paid vacation per year.
- The collective agreement to which you belong (HRC collective agreement, national collective agreement for fast food restaurants, etc.) may entitle you to additional paid vacation days.
- The employee can only go on vacation if his employer agrees to the dates of his paid leave.
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