The possible implementation of the 35 hours in the sector of hotels, cafés and restaurants (UNHCR), which could make on the possible cancellation by the Council of State of the conventional 39 weekly hours and counterparts ("Les Echos" from October 10), there is controversy among the social partners. Its effects depend on the option: either their strict enforcement. is the maintenance of the 39 hours a week the weekly working time laid down by the agreement of July 2004 industry and now questioning , with, in this case, the increase in overtime from the 36th time.
For the employers, but also the FO Union, concerned including for part-time employees, the first scenario would be the most unfavourable to employees, because it would mechanically decrease the purchasing power. However, the strict application of the 35 hours is more taboo on employers. "We went from 43 to 39 hours, we can pass to 35. "It is a matter of organization," notes Didier Chenet, the President of the Synhorcat. The leader of the Federation CFDT, Johanny Ramos, that the organization before the Council of State against the 2004 agreement, considers, for its part, that "most companies cannot operate to 35 hours without hiring: it is therefore good for employment."

Second scenario: the status quo on the 39 hours. Employers would not necessarily lose, even if, in view of the so-called four hours of removal of equivalence, there is an increase from the 36th time. Under the Act, it would be 10 until the 39th time and 25 then for enterprises of less than 20 employees until 2008 and 25 greater than 20 employees. But the counterparties to the 39 hours obtained under the agreement of 2004 five days to take or to pay, in addition to two days of leave which would be lost in case of cancellation of his working time pane correspond roughly to a 27 to 28 markup. Only 10 increase would notably covered by 2.3 days. "The maintenance of the 39 hours is manageable," concluded Andre Daguin, President of the Umih, the main employer organization. Same observation in commercial food theme: "It should make sense," Judge Philippe Labbé, the President of Courtepaille.
On the other hand, some companies that did not need to establish the counterparties to the 39 hours due to prior agreements to 2004 would their handheld, since to increase overtime. Would be particularly concerned the Parisian palaces and heavy weights such as Accor and Louvre Hotels. However, according the Umih, cumulation of the supplements for the undertakings with more than 20 employees would represent 1.2-1.5 of the wage in the case of a maintenance of the 39 hours. In this context, the employers ' organisation Fagiht, representative of companies to the seasonal activity of mountain areas, will not return to his intentions. Its President, Jacques Jond, ensures wanting to keep the 39 hours, but also five days to take or pay. "We would like to have a maximum amplitude of the work and flexibility, even pay," he said. The CFDT would be partante on this base. Crucial, the issue of remuneration will be soon again, in view of the upcoming negotiations on the new pay scale of the UNHCR. To start once known the decision of the Council of State, it promises to be tight, because trade unions will not fail to remind employers that the Villepin Government increased reductions in social charges on low salaries. "With the deletion of the hours of equivalence, we now have a simple system that will allow to easily negotiate", said Stéphane Fustec of the CGT said "in phase" with the CFDT. He adds: "the return to the common law it pays."