Where the replacement of the employee during the period of paid leave involves the total or partial occupation of the employee’s home by his replacement, the employee has the option of not using his leave entitlement. In this case, the employee receives an indemnity equal to the amount of the salary indemnity that would be paid to his replacement.
The employer declares, within a period determined by regulation, whether he accepts the replacement proposed by the employee.
If the employer refuses to accept the proposed replacement, he will provide the replacement himself. In this case, for the duration of his paid leave, the employee shall make the premises and furniture available to the replacement appointed by the employer. The employer is liable for any abuse or damage that may be committed by the replacement.
The industrial tribunal has sole jurisdiction to hear disputes relating to the employment contract concluded between the employees defined in article L. 7211-2 and their employers, as well as to contracts ancillary thereto.
This title applies to employees employed by private individuals in their private homes to carry out work of a family or household nature. The individual employer employs one or more employees in or near his or her private home, within the meaning ofarticle 226-4 of the French Penal Code, on a non-profit-making basis and in order to satisfy needs relating to his or her personal life, in particular family life,…
The only provisions applicable to the employee defined in Article L. 7221-1 are those relating to : 1° Moral harassment, as provided for in articles L. 1152-1 et seq., sexual harassment, as provided for in articles L. 1153-1 et seq. as well as legal action by trade union organisations arising from harassment pursuant to article L. 1154-2 ; 2° May Day, as provided for in Articles L. 3133-4 to L….
Personal services cover the following activities: 1° Childcare ; 2° Assistance to elderly people, disabled people or other people who need personal help in their own home or mobility assistance in the local environment to help them stay at home; 3° Services to people in their own homes for household or family tasks.
Decrees will specify 1° The content of the personal services activities mentioned in Article L. 7231-1; 2° A ceiling in terms of the value or working time of home-based services enabling the activities listed in the decree provided for in 1° to benefit from the provisions of this Title.
Any legal entity or individual company carrying out the personal service activities listed below is subject to approval issued by the competent authority in accordance with quality criteria: 1° Childcare below an age limit set by joint order of the Minister for Employment and the Minister for the Family ; 2° Activities covered by 2° of article L. 7231-1, with the exception of activities for which the list is defined…
Any legal entity or sole proprietorship wishing to benefit from 1° and 2° of article L. 7233-2 and article L. 7233-3 must declare its activity to the competent authority in accordance with the conditions and procedures laid down by decree in the Conseil d’Etat, provided that it carries out its activity on an exclusive basis.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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