Part Five: Employment

Employees are entitled to compensation for bad weather, regardless of the amount and nature of their pay.

Employees are entitled to compensation for bad weather if they can prove that they have worked a minimum number of hours during a specified period in one of the companies defined in article L. 5424-6 prior to the work stoppage.

The daily bad weather allowance is payable for each hour lost after expiry of a waiting period set by decree. This decree also determines : 1° The limit of compensation for hours lost based on the wages relating to these hours ; 2° The maximum number of daily allowances that may be awarded in the course of a calendar year.

The daily bad weather allowance is paid to the employee by his company at the normal pay date under the same conditions as pay. It is not payable to an employee who is temporarily unfit for work. It cannot be combined with daily benefits for accidents at work, sickness, social insurance and paid leave. It is exclusive of any unemployment benefit. It ceases to be payable if the employee engages…

Daily bad weather allowances do not constitute pay and therefore do not give rise to the payment of social security contributions, with the exception of those relating to the application of legislation on paid holidays and those provided for inarticle 6 of law no. 82-1 of 4 January 1982 relating to various social measures. However, the provisions of Titles III, IV and V of Book II of Part Three of…

The cost of paying daily compensation for bad weather, including social security charges, is shared at national level between the companies referred to in Article L. 5424-6 on the basis of the wages they pay to their employees. The distribution of costs is carried out by bodies and under conditions determined by decree.

Control of the application by employers of the provisions of this section is entrusted to the Labour Inspectorate control officers mentioned in Article L. 8112-1 and to the control officers of the paid leave funds for the building industry.

In the event of late payment of contributions and late filing of wage declarations used as a basis for contributions, contributions due and unpaid or corresponding to declarations not filed on time will be increased at a rate and under conditions laid down by decree.

In the event of a stoppage due to bad weather, employees who cannot be employed by their employer may be placed by their company at the disposal of public authorities to carry out work in the public interest. In this case, the employees concerned receive the salary corresponding to the work performed plus, where applicable, an allowance equal to the difference between the salary used to calculate the bad weather…

A decree shall determine the procedures for the application of this section, in particular the conditions under which disputes arising from its application may be submitted to joint conciliation bodies, whose intervention it may make compulsory.