What is the increase for night work hours in temporary work?
09 March 2025 · 5 min reading time
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See job offersTemporary night work offers significant financial advantages, notably through the salary increase provided by the Labor Code and collective bargaining agreements. In addition to this salary enhancement, temporary workers benefit from specific rights such as enhanced medical monitoring and compensatory rest to protect their health. This article explains everything you need to know about the time slots, remuneration, and obligations related to temporary night work.
Night Hours in Temporary Work According to the Labor Code
The law defines night hours according to two criteria: the start time of work and the duration of work during the night period. Moreover, working at night does not necessarily mean that the temporary worker is a night worker.
In the absence of any other specific details, Article L3122-2 of the Labor Code mentions a period of at least 9 consecutive hours. This interval must include the period between midnight and 5 a.m. Work starts no earlier than 9 p.m. and ends no later than 7 a.m.
Until recently, night work had to remain an exception. This is no longer the case today. As labor law has evolved, the basic principle of the prohibition of night work has seen more and more exceptions.
What is a Night Worker?
It is not enough to work night hours to be considered an employee with nocturnal activity. To claim this qualification, the temporary worker must not simply justify having worked during the hours qualified as night work by the user company. They must meet the definition of Article L3122-5 of the Labor Code, which sets out two non-cumulative conditions.
A Single Night Shift is Not Enough to be a Night Temporary Worker
The temporary worker must occupy a night shift at least twice a week. In addition, it must be a regular schedule and not an exceptional situation. Finally, they must justify at least 3 hours worked during the night interval specified by the Labor Code.
The Accumulation of Night Shifts During a Specific Reference Period
When the temporary employee performs at least 270 hours of night work in one year, they are considered a night worker. The collective agreement of the sector in which they work or the branch agreement of the user company may provide for a shorter interval. The employee must meet at least one of these conditions to be considered a night worker.
Increase in Temporary Night Work Hours
The increase in temporary night work hours aims to compensate for the constraints related to night work. The rates of increase vary depending on the hours worked and the applicable collective agreements. Generally, the increases are as follows:
- Between 9 p.m. and 10 p.m., then between 5 a.m. and 6 a.m.: 10% increase in the hourly wage.
- Between 10 p.m. and 5 a.m., for work scheduled in advance, regularly or occasionally: 30% increase.
- Night work decided on the same day, without notice: 60% increase.
These rates may vary according to the collective agreements specific to each sector. It is therefore recommended to consult the applicable collective agreement or inquire with the temporary employment agency to find out the precise increases.
In addition, some companies may offer alternative compensation, such as additional days of rest, instead of salary increases. It is therefore essential to check the provisions of the user company's collective agreement.
Example of Calculating the Increase in Night Work Hours
To illustrate, let's take the case of a temporary worker with a gross hourly wage of €12.
- Rate of increase: 30%
- Night hours worked: 6 hours per night for 5 days (total 30 hours)
The calculation is as follows:
- Increased hourly rate = €12 x 1.30 = €15.60 gross/hour
- Total for 30 hours of night work = €15.60 x 30 = €468 gross
In this example, the temporary worker earns €468 gross for their night hours, a difference of €108 gross compared to a normal remuneration at €12 gross/hour.
What Hours are Considered Night Hours?
Night hours in temporary work are defined by the Labor Code and collective agreements. Generally, the night hour time slot extends from 9 p.m. to 6 a.m. However, some specific collective agreements may adapt this time slot, for example from 10 p.m. to 5 a.m. in sectors such as logistics or transport.
Temporary Night Work Hours: Duration of Assignment
The duration of a temporary night work assignment per week depends on legal regulations and applicable collective agreements. Here are the general rules in force:
Maximum Duration per Week
According to the Labor Code (Article L3122-34), the total duration of night work cannot exceed 40 hours per week on average over 12 consecutive weeks.
In some sectors (transport, logistics, health), derogations may increase this duration to 44 hours per week under certain conditions, notably through a branch agreement or a collective agreement.
Number of Nights Worked per Week
As a general rule, the temporary worker can work 5 nights per week, particularly in 3x8 or 2x8 systems, where teams take turns on specific time slots.
Some night assignments are organized on an ad hoc basis (for example, 2 or 3 nights per week) to meet exceptional needs of the user company.
Example of a Typical Assignment
- Classic assignment: 5 nights of 8 hours per night (10 p.m. to 6 a.m.) = 40 hours per week.
- 3x8 assignment: Alternating teams (6 a.m.-2 p.m., 2 p.m.-10 p.m., 10 p.m.-6 a.m.), with 5 nights of work in a typical week.
- Ad hoc assignment: 2 or 3 nights per week depending on the needs of the user company.
Compensatory Rest for Temporary Night Work Hours
Compensatory rest compensates for overtime or the arduousness of night assignments. Here are the essential rules to know:
When are you entitled to compensatory rest?
- Exceeding 8 hours per night: 1 hour overtime = 1 hour compensatory rest.
- Exceeding 40 hours per week (or 44 hours with derogation): hours beyond 40 hours = equivalent rest time.
- Branch agreement or collective agreement: some sectors impose automatic compensatory rest.
How much rest can you get?
- For an assignment of 5 nights of 10 hours (instead of 8 hours): 2 hours x 5 nights = 10 hours of rest.
- For a week of 44 hours instead of 40 hours: 4 hours of rest to be taken.
How is compensatory rest taken?
- Full day of rest (if the total hours allow).
- Half-day or hours of rest (4 hours, 8 hours, etc.).
- Reduction of working time on another day.
This rest aims to protect the health of the temporary worker and is guaranteed by the Labor Code and collective agreements.
Temporary Night Work: Mandatory Medical Examination and Risk Prevention
Temporary night work can have impacts on health, which justifies the application of specific prevention and medical monitoring measures. Here are the essential rules:
Obligation of medical examination:
Mandatory medical examination before taking up the post for any night worker.
Regular enhanced medical monitoring to monitor the impact of night schedules on health (fatigue, sleep disorders, etc.).
The examination is organized by the temporary employment agency or the user company.
Impact of night work on health:
- Sleep disorders: Disruption of the circadian rhythm.
- Chronic fatigue: Accumulation of fatigue in the long term.
- Cardiovascular problems: Night work is a recognized risk factor.
- Stress and social isolation: Shift work that can impact social and family life.
Rights of the night temporary worker:
- Right to schedule adjustments in case of health problems (on medical advice).
- Right to change jobs if the occupational physician considers night work incompatible with the temporary worker's state of health.
- Free medical monitoring paid for by the temporary employment agency or the user company.
These measures aim to protect the health and safety of temporary workers while ensuring a suitable working environment. Failure to comply with these obligations may engage the responsibility of the user company.
Staffmatch can help you find temporary assignments, working night or day.
Do not hesitate to contact us to benefit from our personalized support in France. The remuneration of a temporary assignment is advantageous, especially thanks to the end-of-contract indemnity.
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