Fabrègues nursing home caps exceptional shifts at 12 hours by accord

The EHPAD LE COULAZOU nursing home in Fabrègues (Hérault) has stretched its working-time framework by company accord: the work cycle grows from 8 to 12 consecutive weeksLegifrance, and the daily maximum rises from 10 to 12 hours for day staff and from 8 to 12 hours for night staff. The accord, signed on 28 August 2026Legifrance with the elected CSE delegationLegifrance for an indefinite termLegifrance, applies to all of the residence's staff except those outside the statutory maximum-hours rules.

The longer cycle changes how hours can be distributed, not how many can be worked. Within each week of the 12-week cycle the 48-hour weekly ceiling still appliesLegifrance, unevenly spread if needed, and no employee may work 6 days a week for more than 2 consecutive weeksLegifrance. The 44-hour average over 12 consecutive weeks, the 11 hours of consecutive daily rest, the 35 hours of consecutive weekly rest and the 20-minute break after 6 hours of work all stay unchanged.

The 12-hour day is an exceptional ceiling, not a new rosterLegifrance. The accord states expressly that it does not alter the schedules in forceLegifrance; it only creates a conventional framework allowing occasional overruns beyond the usual rostersLegifrance. Any excess above 10 hours a day must remain exceptionalLegifrance and is confined to two situations: a temporary increase in activity recorded by the employer, or residence-organisation imperatives such as waiting at post until the next team takes over, a resident's medical emergency, or covering an unplanned absence. Hours worked beyond 10 hours are counted and paid under the legal and conventional rulesLegifrance, and the maximum span between clocking on and off stays capped at 13 hours by the 11-hour daily rest ruleLegifrance.

Night work, defined as work between 9 p.m. and 6 a.m., follows the same logic. Night workers — staff working at least 3 night hours at least twice a week on their usual schedule, or at least 24 night hours in a monthLegifrance — may exceptionally work up to 12 hours instead of 8, in the same two situations. Each night worker who exceeds the 8-hour night limit earns compensatory rest equal to the overrunLegifrance, added to daily rest, weekly rest or rest spread over two weeks.

The accord enters into force the day after its filing with the labour administration and the Montpellier employment tribunal registryLegifrance. It can be revised by the elected representatives at any time on 3 months' written notice, or denounced with 3 months' notice, continuing to apply for up to a year absent a replacementLegifrance.

Legal basis: accord collectif EHPAD LE COULAZOU of 28 August 2026 applying articles L.3121-19, L.3122-6, R.3122-3 and L.3131-1 of the Code du travailLegifrance and the branch accord of 27 January 2000 on working-time reduction and organisationLegifrance.