Title IV: Exercise of trade union rights

Any employee who wishes to participate in economic, social and environmental training courses or sessions or trade union training organised either by centres attached to the trade union organisations mentioned in 3° of article L. 2135-12, or by specialised institutes, is entitled, at his request, to one or more periods of leave.

Employees on economic, social, environmental and trade union training leave are entitled to have their pay maintained in full by their employer. The employer pays the social security contributions relating to the remuneration maintained.

The total amount of economic, social and environmental training leave and trade union training leave taken per year by an employee may not exceed twelve days. It may not exceed eighteen days for course and session leaders. The duration of each leave cannot be less than half a day.

The total number of days of leave which may be taken each year by all the employees of the establishment for the training provided for in this sub-section and in articles L. 2325-44 and L. 4614-14 relating to the training of members of the social and economic committee delegation, may not exceed a maximum set by regulation taking into account the number of employees in the establishment. This decree also…

Jobseekers may participate in economic, social and environmental training courses and trade union training courses within the limits of the periods of twelve and eighteen days per annual period laid down for employees. Unemployed workers continue to receive the replacement income to which they are entitled for the duration of the courses in question.

Leave for economic, social and environmental training and trade union training cannot be deducted from annual paid leave. It is treated as actual working time for the purposes of determining the duration of paid leave, entitlement to social insurance and family benefits and all other rights resulting for the person concerned from his employment contract.

Leave for economic, social and environmental training and trade union training is granted as a matter of right, except where the employer considers, after obtaining the opinion of the social and economic committee, that such absence could have harmful consequences for production and the smooth running of the company. Reasons must be given for any refusal of leave by the employer. In the event of a dispute, the employer’s refusal…

Collective bargaining agreements may: 1° Contain more favourable provisions than those provided for in this sub-section, particularly with regard to remuneration; 2° Specify the periods of leave best suited to the needs of each profession; 3° Set the terms and conditions for the financing of the training, intended to cover the educational costs as well as the costs of compensation for the travel and accommodation expenses of the trainees and…

The conditions of application of the provisions relating to economic, social and environmental training leave and trade union training leave, as well as to the staff of the public companies listed by the decree provided for by article L. 2233-1, are determined by decree in the Conseil d’Etat.