Section 2: Building and public works companies out of work due to bad weather.

The provisions of this section determine the rules according to which building and public works companies involved in certain professional activities determined by decree compensate the workers they usually employ in the event of work stoppage caused by bad weather.

In areas where climatic conditions lead to seasonal stoppages for various categories of companies mentioned in article L. 5424-6, the administrative authority, after consultation with the employers’ and employees’ organisations concerned, determines by region for each category of company the periods when there is no entitlement to compensation due to the usual stoppage of activity.

Weather conditions and flooding are considered to be bad weather when they make it dangerous or impossible to carry out the work, having regard either to the health or safety of employees, or to the nature or technique of the work to be carried out.

Work stoppage in the event of bad weather is decided by the contractor or his representative on the site after consultation with the social and economic committee. When the work is being carried out on behalf of an administration, a public authority or a concessionary or subsidised service, the project owner’s representative on the site may oppose the stoppage of work.

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.