CHAPTER III : Conditions for exercising departmental mandates

The time of absence provided for in articles L. 3123-1 and L. 3123-2 is treated as an actual period of work for the purposes of determining the period of paid leave as well as with regard to all rights arising from seniority. Moreover, no change may be made to the duration or hours of work provided for in the employment contract as a result of absences incurred pursuant to the…

No dismissal or professional downgrading, no disciplinary sanction may be pronounced due to absences resulting from the application of the provisions of articles L. 3123-1 and L. 3123-2 on pain of nullity and damages to the elected representative. Reinstatement or reclassification in the job is by right.

The president or vice-presidents delegated by the executive of the departmental council who, in order to exercise their mandate, have ceased to exercise their professional activity benefit, if they are employees, from the provisions of articles L. 3142-83 to L. 3142-87 of the Labour Code relating to the rights of elected employees who are members of the National Assembly and the Senate. The right to reinstatement provided for in article…

Civil servants governed by Titles I to IV of the general civil service statute shall, at their request, be placed on secondment to carry out one of the mandates mentioned in article L. 3123-7.