Ayoub fasts during the month of Ramadan. Instead of going to lunch with his colleagues as he does the rest of the year, he uses his lunch break to rest in his office. His employer criticizes him for isolating himself and no longer participating in company lunches. Can Ayoub be criticized for fasting?
What does the law say?
The practice of fasting for religious reasons is part of religious freedom; however, in the context of salaried work or school, the question of the compatibility of fasting with these activities arises each year.
Religious freedom has an individual dimension: on one hand, the freedom to believe or not believe in a religion according to one’s conscience, and on the other hand, the freedom to manifest one’s religious convictions. On a constitutional level, religious freedom is guaranteed by:
- Article 10 of the Declaration of the Rights of Man and of the Citizen of 1789,
- Paragraph 5 of the Preamble to the 1946 Constitution, which states that “No person may be harmed in his work or employment because of his origins, opinions or beliefs“.
Therefore, it is entirely possible to fast during one’s working hours.
Article L1121-1 of the Labor Code states: “No one may impose restrictions on the rights of individuals and on individual and collective liberties that are not justified by the nature of the task to be performed or proportionate to the aim sought“.
Execution of the Employment Contract
In case of difficulties concerning the execution of the employment contract during fasting, it is possible to request exceptional arrangements.
This is strictly regulated according to the nature of the position and is done on the decision of the occupational physician.
Your employer can, for example, adjust your working hours provided that this does not impede the organization of work and the smooth running of the company.
The Guide to Religious Matters in the Workplace published by the Ministry of Labor reminds in its point 14 that: “fasting is not in itself an element characterizing an inability to perform tasks related to the employment contract; this must be determined objectively, taking into account in particular the nature of the position held or the working hours”.
Your employer cannot force you to break your fast or forbid you from observing it. Such an injunction would constitute a restriction on your freedom of religion. They cannot sanction you for having observed it.
However, the following considerations should be taken into account:
The employer is entitled to take into account the consequences of fasting that may endanger your safety, that of your colleagues, as well as that of interested third parties. Indeed, they must take the necessary measures to ensure this safety.
In the event that it is established that you do not have the capacity to perform your work under the required safety conditions, your employer must remove you from your work position. This removal constitutes a precautionary measure and preservation of your health and safety, and, if applicable, that of your colleagues and third parties.
- During the non-working period, your employer may maintain your remuneration but is not obliged to do so.
- In addition, your employer may proceed with a change of assignment without this constituting a disciplinary sanction (Cass. ass. plén., 6 Jan. 2012, n° 10-14.688).
You therefore have every right to fast at work, and while your employer can require your participation in a business meal that is part of the work for which you were hired, they cannot, however, require you to consume the meal.
APPLICABLE REFERENCES:
Article 10 of the Declaration of the Rights of Man and of the Citizen of 1789; Paragraph 5 of the Preamble to the 1946 Constitution; Article L1121-1 of the Labor Code; Cass. ass. plén., 6 Jan. 2012, n° 10-14.688; guide_salaries_maj_janvier_2023.pdf (travail-emploi.gouv.fr)
