May 1st took center stage this year well before Labor Day, due to debates on a possible expansion of the possibilities of having employees work on that day. Reminder of the rules in force and what could change.
Published on: 04/29/2026 - 08:17 Modified on: 04/29/2026 - 10:25
It's been called "Labor Day" for over a century. In France, a lively controversy this year surrounded May 1st and the possibility of relaxing the legislation in order to allow more employees to work on this "holiday and non-working" day in the Labor Code.
Read also Government retreat on May 1: Sébastien Lecornu under fire from criticism from his camp
“It’s really the only public holiday that is almost non-working for everyone,” underlines Capstan lawyer Camille Sparfel.
However, the Labor Code provides that "in establishments and services which, due to the nature of their activity, cannot interrupt work, employees employed on May 1 are entitled, in addition to the salary corresponding to the work accomplished, to compensation equal to the amount of this salary", payable by the employer.
Hospitals, hotels or even factories whose machines run continuously and cannot be stopped within 24 hours fall within the scope of this exemption, but the legislation does not cite the sectors concerned, explains Me Sparfel.
Read alsoFrance: May 1 will remain a public holiday, non-working and paid, a victory for the unions
Tolerance for bakers and florists?
A ministerial position, confirmed by Martine Aubry in 1986 when she was director of labor relations at the Ministry of Labor, indicated that certain sectors which had the right to deviate from the Sunday rest rule for their employees, such as bakeries, could also have them work on May 1.
This has since been contradicted by the Court of Cassation. In 2006, she decided against the idea of an automatic exemption during this day dedicated to the social achievements of workers. Any employer who wants to have his employees work on this day must be able to prove that he cannot interrupt his activity.
“There could be a tolerance, but in any case, it was not generalized. It was not all florists, not all bakers,” emphasizes Me Sparfel. And case law has, for example, not established a consistent position on the fact that being the only business in a population area would de facto mean that the activity cannot stop, she underlines.
However, the rules on work on May 1 only concern employees. An artisan baker or florist can open his shop on this day, provided that he does not make his employees work.
What is the government planning for 2027?
The bill announced in mid-April by the Prime Minister, Sébastien Lecornu, provides that "under the conditions set by a sector agreement", artisan bakers and artisan florists will be able to employ voluntary employees on May 1, with double remuneration.
The government emphasizes that it only wants to target “local artisanal businesses”.
Before this announcement, a bill proposed in particular by the former Prime Minister, Gabriel Attal, had been dismissed after a strong reaction of rejection from the unions. This text provided for opening up the possibility of employing employees from a much wider scope, including food businesses and cultural establishments (cinemas, theaters, etc.).
No fines this year?
While waiting for the future bill, planned for 2027, Sébastien Lecornu promised for this year "an instruction" intended "for all state services" so that independent bakers and florists can employ their employees, on a voluntary basis.
However, the Minister of Labor, Jean-Pierre Farandou, clarified that "in accordance with the law which guarantees their independence, no instructions are given to labor inspectors, whose capacity for collective intelligence is known (...)".
“The administrative instructions given by the government are that traders, where applicable, do not have to pay a fine, provided that the conditions of volunteering and double remuneration on that day are respected,” he added.
With AFP
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