Bakers and florists will open the May 1st? We explain the controversy around work on this holiday and unemployed

It is certainly the most symbolic holiday in France. The May 1st has been unemployed since 1947 and the Labor Day is the only day of the year when rest is compulsory. But as Thursday, May 1, 2025 approach, the debate is again rage between supporters of a relaxation of the law and those who defend respect for rest for workers. It was relaunched by a centrist bill supported by the government and by the case of five Vendean bakers, released on April 25 after having worked their employees on May 1, 2024. Franceinfo took stock of the rules in force and the reform inclinations.

What does the current law say?

In the eyes of the law, the May 1st is a public holiday, as provided for Article L3133-4 of the Labor Code. Article L3133-6, however, provides that employees have the right to work in “Establishments and services which, due to the nature of their activity, cannot interrupt work”. They are then paid double by their employer. The law does not specify the sectors concerned, but it is understood that hospitals, police, transport, energy suppliers, hotels and certain factories are affected. In the event of non-compliance with this rule, employers are exposed to a fine of 750 euros per employee who worked on May 1 (and 1,500 euros if it is a minor, an apprentice for example).

It was to such financial sanctions that several Vendean bakers were exposed to having worked employees and apprentices last year – an episode that revealed the legal vagueness around this sector of activity. Bakery-pastry companies could indeed employ employees on the day of labor festival, thanks to a letter from the Ministry of Labor dated May 23, 1986. “There was an administrative interpretation of the law which tolerated the work of bakers on May 1”Translated Emmanuelle Barbara, lawyer specializing in labor law. But this derogation became obsolete after a decision of the Court of Cassation in 2006. “It has put this tolerance into term, believing that there is no reason to make an exception for bakers”continues the lawyer.

For years, this decision had not, however, aroused waves … until the labor inspectorate carried out some unexpected checks on May 1, 2024. Five Vendean bakers were then verbalized and were the subject of a recall to the law, which they refused to sign it. Convened on April 25 to the La Roche-sur-Yon police court, the five employers were finally released. “This is good news and it can make jurisprudence”Hope Dominique Anract, president of the National Confederation of Bakery-Pâtisserie, which regrets a situation “”absurd”.

“Until now, we have always worked on May 1 without there being any problem.”

Dominique Anract, president of the National Confederation of the French Bakery-Patisserie

in franceinfo

But the bakers’ representative now points to the risk of fine. In a circular sent in April, the National Confederation of the French Bakery-Pâtissery advocates its members not to make their employees work on May 1st this year. “Not until the law has clarified things”specifies Dominique Anract. On a case-by-case basis, craftsmen who must provide bread to hospitals, prisons or nursing homes, for example, will be able to work their staff on the 1st. “It could be the same if there is only one bakery-pastry in the town”Add the Confederation to its circular.

Why change the rules?

Bakers call for an evolution of the law, to allow them to open this key day. “There is a need for clarification”supports Dominique Anract. “Many employees agree to work on May 1, because this day is paid double”he continues, adding that this work must be on the basis of volunteering. In addition, the shortfall by closing the May 1st rises “At least 70 million euros” For professionals in the sector, according to the calculations of the Confederation. And “It’s 25% more than a usual holiday” in terms of turnover, according to the president of the Federation of Bakers in Vendée, interviewed “Here Loire Ocean” (ex-France blue).

They are not the only ones wanting to run their shop on May 1st. The French Federation of Flowers (FFAF) is also favorable. Sale of lily of the valves, these traders believe that closing the day of labor festival represents an important shortfall. “Anyone can sell lily of the valley on May 1, except florists”deplore the president of the FFAF, Farell Legendre, in a press release. “Unmissable actors of labor festival, (they are) forced to close or take major legal risks by working their employees, however volunteer and double paid in accordance with the collective agreement “regrets the French federation of florists.

Is the government favorable there?

Centistic senators filed on Friday a bill which aims to soften the prohibition to work on May 1. The bill, carried by the elected Vendée Annick Billon and his colleague Hervé Marseille wants to adapt “The right to realities on the ground”by modifying the labor code. “It is in no way a question of calling into question the public holiday and unemployed of this day, but of recognizing the specificity of certain activities, like bakeries or florists”explain the senators.

The Senator of Vendée claims to want to canton this derogation from craftsmen and florist craftsmen. “What aberration of prohibiting florists from working when there are lily of the valley sellers on public space, who do not always respect the law and do not pay taxes”Pointe Annick Billon, interviewed by Franceinfo. “And during the covid period, bakers were asked to work because their activity was considered essential”she continues, which justifies in his eyes a future authorization to open the May 1st.

The text does not yet have a date of examination in the Parliament, but it is supported by the government. “It is an arrangement of the law, to respond to the tradition of bread”pleaded Catherine Vautrin, the Minister of Labor, On TF1. But the executive seems to open the way for a softening for other professions. “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, both on May 1 and Sunday”added Catherine Vautrin on x. In the National Assembly, the deputies of the Republicans Alain Marleix and Alexandre Portier also want to submit a text to allow the “Local shops” to open the 1st-May.

What do unions and opposition think?

The work on May 1st remains a red line for the CGT. “No question. There are 364 other days to open”reacted Sophie Binet on Lci. “We know how to survive one day without having his bread wand and it is very important that this day remains a holiday and unemployed”continued the union leader. “It was acquired in the blood and in the tears of the workers”she added, saying to fear that this relaxation of labor rules on May 1st will lead to the same process that made it possible to “Completely liberalizing Sunday work”.

Employers’ organizations are, however, enthusiastically enthusiastic about a softening of the law, like the U2P and the CPME. “You have to stop annoying the French, you have to stop annoying companies and employees who want to work”supported Amir Reza-Tofighi, the president of the Confederation of small and medium -sized enterprises, on France Inter. He wants it to be allowed to those who want to work this public holiday to do so as soon as “Unions and employers’ organizations, at the level of the branch, define a framework” or that“A company agreement” provides for it.

If the left is opposed to derogations for work on May 1, the right and the national rally display their support. “We need to free up work. (…) The May 1st is the Labor Day, it’s not the party of idleness, it’s not the party for assistantship”estimated Julien Odoul, deputy RN of the Yonne, on France 3. This suggests very lively debates in Parliament if the laws are examined.

What should we expect from this 1st-May?

Pending a possible parliamentary debate, May 1, 2025 should be a little special. The government may want to support the work of bakers and florists, it cannot prevent possible checks on Thursday, as Catherine Vautrin recalled on TF1. “As Minister of Labor, I don’t have to give instructions to the labor inspectorate”she said. Inspectors will therefore be able to verify that the employees who work on the May 1st belong to the sectors which “cannot interrupt work”as defined by the Labor Code. This risk could dissuade some from maintaining their activity, according to the confederation of bakers which believes that there should be fewer open bakeries than last year. Business leaders can work without being sanctioned, but they cannot always turn their bakery without their employees.