Seine-et-Marne: firefighters’ snack break now considered “effective working time”

Seine-et-Marne: firefighters’ snack break now considered “effective working time”
Seine-et-Marne: firefighters’ snack break now considered “effective working time”

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Editorial The Republic of Seine and Marne

Published on

May 13, 2024 at 5:24 p.m.

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The administrative court of appeal of Paris issued an “injunction” to the Departmental fire and rescue service (SDIS) of Seine-et-Marne, in Melun, to count the lunch break of professional firefighters as “effective working time”.

Memo

On January 31, 2018, the director of SDIS at the time had in fact written a service note permanent relating to the working time of professional firefighters non-officers and technical sector agents. This note also concerned the planning of departmental reinforcement on-call duties.

In this note, the manager provided that “as part of the work cycles making up the operational guard of firefighters assigned to operational units”, the “time slot of the day from Monday to Friday, inclusive between 12 p.m. and 2 p.m.“, fell under “the presence time » and not “actual working time”.

A corporal from SDIS 77 then requested the repeal of this decision. Disavowed at first instance by the administrative court of Melun, she did not stop there and appealed.

Taking meals

The duration of working time number of professional firefighters includes custody periods devoted in particular to breaks intended for eating meals“, confirms the Paris administrative court of appeal, in a stop dated February 13, 2024 and which has just been made public.

Furthermore, this decree sets “a particular method of accounting for actual work which consists of taking into account all hours of presence, while applying a weighting mechanism based on the lower intensity of work provided during periods of inaction », Also says this text of law.

Thus, “in the absence of any reason to suppose that the lunch break taken by the staff concerned would be before noon or after 2 p.m., [la requérante] is justified in maintaining that this memo was taken in violation of the provisions of the decree of December 31, 2001,” the court concluded.

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The applicant is therefore “justified” in requesting it cancellation and the director of SDIS will have to “proceed to repeal the contentious point of the memo”. The deadline has been set for this Monday, May 13, 2024. The Departmental Fire and Rescue Service of Seine-et-Marne will also have to pay €1,500 for his legal costs.

CB (PressPepper)

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