I.-The annual leave provided for in article L. 3141-3 gives entitlement to an allowance equal to one tenth of the total gross remuneration received by the employee during the reference period.
To determine the total gross remuneration, account is taken of :
1° Holiday pay for the previous year ;
2° Allowances relating to the compulsory time off provided for in articles L. 3121-30, L. 3121-33 and L. 3121-38 ;
3° Periods treated as working time under articles L. 3141-4 and L. 3141-5 which are considered as having given rise to remuneration based on the establishment’s working hours.
Where the duration of the leave is different from that provided for in article L. 3141-3, the allowance is calculated in accordance with the rules laid down in this I and in proportion to the duration of the leave actually due.
II – However, the compensation provided for in I of this article may not be less than the amount of pay that would have been received during the period of leave if the employee had continued to work.
This remuneration, subject to compliance with legal provisions, is calculated on the basis of :
1° the earned salary due for the period preceding the leave ;
2° The actual working hours of the establishment.
III – A decree by the Minister of Labour determines the terms and conditions for the application of this article in the professions mentioned in article L. 3141-32.