This is a debate that reappears each year: should the rules governing the work on May 1? The discussion is all the more animated this year since centrist senators have tabled a bill on Friday to allow establishments already authorized to open Sunday to be able to do so also on May 1, aimed in particular by bakers and florists.
If it is too late to officially change the situation by this Thursday, May 1, 2025 – Minister Catherine Vautrin, in charge of a large portfolio bringing together work, health and solidarity, said this Monday on TF1 that the law would not be “Not applicable this year” – This text could shake up the future. The platform take stock.
Holiday or unemployed, what differences?
In France, the labor code lists 11 holidays. Among them, May 1 is the only to be necessarily unemployed, that is to say not worked. Only business leaders are authorized to work, or even family members, provided that they are not employees. Except for “Establishments and services for which the continuity of the activity is essential”specifies the Directorate of Legal and Administrative Information on its website. These are for example hospitals or public transport. The employees concerned then benefit from a doubling of their usual remuneration.
The fact remains that no text or decree draws up a list of these structures where the activity is « indispensable ». Tolerance is generally granted to certain businesses which open their doors on May 1, such as bakeries or florists. But labor inspectorate checks in recent years – with a fine of 750 euros per employee concerned (1,500 euros for a minor) – have thrown out the indignation.
For the other ten holidays, working or not these days is set by a company or establishment agreement (or, failing that, by an agreement or a branch agreement). And when there is none, the employer can establish himself on unilateral holidays. Employees can then obtain an increase in their remuneration, when a collective agreement, a collective agreement or a branch agreement provides.
Perpetual blur around May 1st
In fact, it is not as simple. “The application of the law is now difficult to understand”recently recognized the Minister responsible for Labor and Employment, Astrid Panosyan-Bouvet.
A reality that has long denounced part of the employers. The term “Essential” to qualify authorized activities not to be unemployed on May 1 leads to “Kafkai situations”according to the CPME, second representative employers’ organization in France. “A fast food establishment can open while its neighbor baker who would venture to work on his employees faces heavy fines”she deplored last week.
An opinion shared by the U2P, which represents local companies. He “It is time to get out of absurd and often unjust situations that make some local professionals such as butchers, bakers, pork butchers, florists …, are prevented by law to make their employees work on May 1, while their activities are essential to the population”she claimed.
The CPME therefore asked that it is now allowed “To those who wish to work on May 1, as soon as a company or branch agreement provides for it, as is already the case for other holidays”. U2P, for its part, wishes “Consultation with organizations representing these professions (…) in order to determine the most appropriate legislative framework for the years to come”.
Senators offer to change the labor code
For the future precisely, things could change. Because centrist senators, led by the Vendée Annick Billon and the boss of the Union Centrist group Hervé Marseille, filed a bill on Friday to modify the labor code and adapt “The right to realities on the ground”.
-If the text is adopted, the employees of establishments and services may work “Whose operation or opening is made necessary by the constraints of production, activity or public needs”. The list of categories concerned, which is the same as that allowing certain companies to open on Sunday, would be set by decree.
“It is in no way a question of calling into question the public and non -working character of this day, but of recognizing the specificity of certain activities – like bakeries or florists – who fully participate in our daily life and our cultural heritage”, underlined the authors of the bill. “This text therefore aims to restore a balance between the respect of the rights of employees and the necessary adaptation of the right to the realities of the field”.
On the calendar side, the carriers of the text hope to include it on the agenda of the Senate “Before the end of June”. It will have to be adopted by the upper chamber and then by the National Assembly to definitively enter into force. Nothing is done.
For …
In any case, this text has received the support of Minister Catherine Vautrin. “The government will support this initiative because it comes to secure our law and meet the expectations of bakers, but also of all those whose activity is essential (…) in absolute respect for volunteering” Employees, she told AFP. And to insist: “This text is not limited to bakers: it will bring clarity and legal certainty for all the professions concerned”.
In the National Assembly, right -wing deputies (LR) Alain Marleix and Alexandre Portier have also announced to submit a text to “Allow the supervised opening of local shops on May 1”. On the side of the National Rally (RN), the deputy Julien Odoul also supported the bill considering that it is necessary “Release work”he said on France 3.
Breath also favorable in certain branches. The National Confederation of Bakery-Pâtisserie praised the « clarification » that the text will bring, if it is adopted. All the more “Many employees” would agree to work on May 1, because this day is paid double, according to its president Dominique Anract with AFP, taking care to underline that it must be before to a process ” voluntary “. Identical bell sound within the French Federation of Florist Artisans. “Thanks to this text, florist craftsmen will be able to exercise their profession on May 1 in all legality, without fear of sanctions, while strictly respecting the volunteer basis for their employees”she said in a statement on Monday.
… and counter
The subject is nevertheless not unanimous. Make work on May 1? “No question. There are 364 other days to open ”reacted the secretary general of the CGT, Sophie Binet, interviewed Sunday on LCI.
“I remind you that on May 1, the bosses can work if they wish, but for workers, it is a holiday, it is unemployed, it is a conquered of the struggle,” underlined the n ° 1 of the second union center of the country. And to support: “It was acquired in the blood and tears of workers (…) It is a social conquest and we are there to preserve it”.
The union representative refuted the argument that employees are volunteers. “It was exactly what we were told on Sunday by telling us, anyway, Sunday is paid double, so we must leave the employees who wish to work on Sunday. The result is that we have completely liberalized Sunday work (…) and more and more, there are increases of 10% or no increase at all and even less volunteer “she defended.
The other unions have not yet taken position openly. Apart from the FTGA (agriculture, food and related services) branch of Force Ouvrière (FO). She recalled in mid-April in a press release “Always claimed on May 1st unemployed for all, in tribute to social conquests and in solidarity with workers around the world”. And add: “This day must remain a time of mobilization, claim and memory”.
