Collective agreements: surcharges for exceptional work on Sundays are not due to the employee who usually works that day
In the first case, an employee, responsible for cash registers within a furniture company, had seized the judges, with several requests concerning work on Sundays.
The chronology of events unfolded in two stages.
In a first period, between 2003 and 2007, the company had illegally resorted to working on Sundays, since it was not then in any case of derogation from Sunday rest.
In a second period, from January 2008, the company found itself "in the nails", since it had benefited from the new legal provisions automatically authorizing furniture retail establishments to derogate from the rule Sunday rest.
In this case, the employee had worked on Sundays during these two periods. Among his requests, he asked for the conventional surcharges for exceptional work on Sundays. The collective agreement for the furniture trade (article 33, B) thus states that “ For any exceptional Sunday work (within the framework of exemptions from the legal prohibition) in accordance with the Labor Code, the hours worked are remunerated on the basis of
