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It no longer needs to be demonstrated that night work has significant consequences for the employee. In this case, an employee working night shift had his request for payment of damages made for the violation of the right to daily rest dismissed by an appeal court.
The employee’s shift ended at 6:50 a.m. before resuming at 10 p.m. while a medical examination was scheduled for 8 a.m. or, at the latest, 8:30 a.m. which, he estimated, deprived him of his eleven consecutive hours of rest. The social chamber overturns the judgment rendered by the trial judge. The Court holds that the end of the service marks the beginning of the daily rest period and this starting point cannot clearly be postponed due to a compulsory medical examination, even if the duration of the daily rest is greater than the minimum duration. from eleven o’clock.
Thus, the employer must either schedule a medical examination during the period of service, if it coincides with consultation hours, or schedule an appointment outside working hours, when occupational medicine schedules do not allow it. not allow, but then by not shortening the rest periods.
Lawyer Grégory DAMY labor law, Nice
