What are the rules for students working in the HORECA sector during school holidays?
This article presents the specific rules that apply to adult students working in the HORECA sector (hospitality, restaurants, beverage outlets and similar establishments) during school holidays, according to information provided by the Labour Inspection (ITM).
The chapter on working hours for employees, apprentices and trainees working in hospitality and catering does not expressly refer to students during school holidays. Therefore, this chapter does not apply to these students and common law applies.
Important: This information specifically concerns adult students (the ITM refers to a 23-year-old student) working during school holidays.
According to Article L. 211-5 of the Labour Code:
8 hours per day maximum
40 hours per week maximum
According to Article L. 211-12 of the Labour Code, the maximum working time including overtime or additional hours:
10 hours per day maximum
48 hours per week maximum
There are no specific provisions regarding night work for adult students in the HORECA sector. Common law applies (mainly Articles L. 211-14 and L. 211-15 of the Labour Code).
Remuneration for night work:
Common law does not provide for remuneration premium for night work performed in companies not subject to a collective bargaining agreement
Note: In case of a dispute, labor courts will have to decide whether this is discriminatory compared to HORECA employees, who are entitled to increased pay for night work.
Adult students working during school holidays may work on Sundays or public holidays.
The following articles do not exclude students from these rights:
Articles L. 232-6 and L. 232-7 of the Labour Code (rights on public holidays)
Article L. 231-7 of the Labour Code (rights for Sunday work)
Article L.151-7 does not state that holiday or Sunday work rules do not apply to students
Conclusion: A student is entitled to benefits if working on a legal public holiday or a Sunday.
Working on Sundays entitles the student to:
Remuneration premium of 70% for each hour worked on Sunday
Compensatory rest corresponding to:
A full day if Sunday work lasted more than 4 hours
A half-day if Sunday work did not exceed 4 hours
Important:In case of compensatory rest, only the 70% supplement is due. If work did not exceed 4 hours, compensatory rest must be granted before or after 1:00 PM and that day the working time cannot exceed five hours.
If an employee is required to work on a legal public holiday, they are entitled to:
Regular pay for hours that would normally have been worked that day
Pay for the hours actually worked at the regular rate
A 100% premium for the hours actually worked at the regular rate
The total remuneration for work during a legal public holiday therefore amounts to 300%.
Employees working on a public holiday that falls on a Sunday are entitled to:
To compensate for the holiday falling on a Sunday:
One compensatory day off to be taken within three months from the date of the holiday
To compensate for working on the holiday:
Pay for the hours actually worked at the regular rate
100% premium on the hours actually worked
To compensate for Sunday work:
70% premium on the regular rate for hours worked on Sunday
Note: If the hours thus performed on Sunday also constitute overtime for the employee, they are also entitled to the 40% premium or compensatory rest at a rate of one and a half hours per overtime hour performed.
For students working during school holidays, pay cannot be lower than 80% of the social minimum wage.
The applicable index is: 944.43
Age | Gross hourly rate (index 944.43) |
18 and over | 12.1979 € |
17 to 18 years | 9.7583 € |
15 to 17 years | 9.4381 € |
According to Article L.151-7 of the Labour Code, students working during school holidays are not entitled to paid annual leave.
Students are entitled to special leave in the cases covered by Article L. 233-16 of the Labour Code, without any pay during the period of special leave.
Articles L.232-6, L.232-7, and L.231-7 of the Labour Code establish the right to compensatory rest in case of work on public holidays or Sundays. These articles do not exclude students, so they generally apply to them.
In cases where students would be employed under an apprenticeship contract or internship agreement, Articles L.212-1 and following of the Labour Code would need to be applied.
Specific rules apply:
In case of employment of teenage students during school holidays (15 to 18 years)
In case of employment of students outside school holidays
Important: Employment of teenage students (between 15 and 18 years) is not subject to the same rules regarding night, Sunday or public holiday work.
Application of General Labor Law
The chapter on working hours for employees, apprentices and trainees working in hospitality and catering does not expressly refer to students during school holidays. Therefore, this chapter does not apply to these students and common law applies.
Important: This information specifically concerns adult students (the ITM refers to a 23-year-old student) working during school holidays.
Working Hour Limitations
Maximum daily and weekly duration
According to Article L. 211-5 of the Labour Code:
8 hours per day maximum
40 hours per week maximum
Maximum duration including overtime
According to Article L. 211-12 of the Labour Code, the maximum working time including overtime or additional hours:
10 hours per day maximum
48 hours per week maximum
Night Work
There are no specific provisions regarding night work for adult students in the HORECA sector. Common law applies (mainly Articles L. 211-14 and L. 211-15 of the Labour Code).
Remuneration for night work:
Common law does not provide for remuneration premium for night work performed in companies not subject to a collective bargaining agreement
Note: In case of a dispute, labor courts will have to decide whether this is discriminatory compared to HORECA employees, who are entitled to increased pay for night work.
Sunday and Public Holiday Work
Adult students working during school holidays may work on Sundays or public holidays.
Applicable Rights
The following articles do not exclude students from these rights:
Articles L. 232-6 and L. 232-7 of the Labour Code (rights on public holidays)
Article L. 231-7 of the Labour Code (rights for Sunday work)
Article L.151-7 does not state that holiday or Sunday work rules do not apply to students
Conclusion: A student is entitled to benefits if working on a legal public holiday or a Sunday.
Premiums for Sunday Work
Working on Sundays entitles the student to:
Remuneration premium of 70% for each hour worked on Sunday
Compensatory rest corresponding to:
A full day if Sunday work lasted more than 4 hours
A half-day if Sunday work did not exceed 4 hours
Important:In case of compensatory rest, only the 70% supplement is due. If work did not exceed 4 hours, compensatory rest must be granted before or after 1:00 PM and that day the working time cannot exceed five hours.
Premium for Working on a Legal Public Holiday
Public holiday falling on a weekday
If an employee is required to work on a legal public holiday, they are entitled to:
Regular pay for hours that would normally have been worked that day
Pay for the hours actually worked at the regular rate
A 100% premium for the hours actually worked at the regular rate
The total remuneration for work during a legal public holiday therefore amounts to 300%.
Public holiday falling on a Sunday
Employees working on a public holiday that falls on a Sunday are entitled to:
To compensate for the holiday falling on a Sunday:
One compensatory day off to be taken within three months from the date of the holiday
To compensate for working on the holiday:
Pay for the hours actually worked at the regular rate
100% premium on the hours actually worked
To compensate for Sunday work:
70% premium on the regular rate for hours worked on Sunday
Note: If the hours thus performed on Sunday also constitute overtime for the employee, they are also entitled to the 40% premium or compensatory rest at a rate of one and a half hours per overtime hour performed.
Minimum remuneration rates
For students working during school holidays, pay cannot be lower than 80% of the social minimum wage.
The applicable index is: 944.43
Age | Gross hourly rate (index 944.43) |
18 and over | 12.1979 € |
17 to 18 years | 9.7583 € |
15 to 17 years | 9.4381 € |
Rights to leave and compensatory rest
Paid Annual Leave
According to Article L.151-7 of the Labour Code, students working during school holidays are not entitled to paid annual leave.
Extraordinary leave
Students are entitled to special leave in the cases covered by Article L. 233-16 of the Labour Code, without any pay during the period of special leave.
Compensatory Rest
Articles L.232-6, L.232-7, and L.231-7 of the Labour Code establish the right to compensatory rest in case of work on public holidays or Sundays. These articles do not exclude students, so they generally apply to them.
Specific Exceptions
Apprenticeship contracts and internship agreements
In cases where students would be employed under an apprenticeship contract or internship agreement, Articles L.212-1 and following of the Labour Code would need to be applied.
Other categories of students
Specific rules apply:
In case of employment of teenage students during school holidays (15 to 18 years)
In case of employment of students outside school holidays
Important: Employment of teenage students (between 15 and 18 years) is not subject to the same rules regarding night, Sunday or public holiday work.
Updated on: 25/06/2025
Thank you!