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Effectiveness of the break time in hospitals in counterpart hospitals for the residential time Effectiveness of the break time in the hospitals in return for the dressing time: SOC. 15 April 2015, Nos 13-28.715 to 13-28.747, to be published in Bulletin


KeywordsTriple Keywords
Courts--Law and legislation
Failure (Psychology)
Losing (Psychology)


‘Alleged that, in order to order the employer to pay sums for breaks, stops state that the organisation put in place lacks clarity and rigour and that, in order for night staff to take a break, each service in the hospital must be made up of two teams, each comprising a nurse and a carer so that when an employee is on a break, his counterpart in the other team provides for his replacement, and that the presence in a department at night of a single nurse and a single carer prevents them from taking a break; what is so, without asking him, whether the mobility of staff within the various departments of the same hospital and the presence of a nurse responsible at night did not allow the persons concerned to actually benefit from their break, the Cour d’appel (Court of Appeal) did not provide a legal basis for its decision; the judgments, after noting that it is common ground that hospital employees are required to wear a specific work clothes which, for obvious hygiene reasons, can only put and remove from their place of work, hold that the employer, which acknowledges that it follows from Article L. 3121-3 of the Labour Code that he was under an obligation to negotiate on this point, cannot hide behind their supposed failure to take the view that he cannot be required to pay any consideration whatsoever, and that in the absence of a collective agreement or a clause in the contract of employment, it is for the court to determine the consideration to be paid to the employees; the court of appeal thus determined, without seeking, as requested, whether the periods of dressing and stripping were not paid as actual working time, the court of appeal did not give a legal basis for its decision...’

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