Article D5424-12 of the French Labour Code
November 2, 2023
The daily bad weather allowance is payable for each hour lost from the second onwards during the same week or during a continuous period of stoppage.
The daily bad weather allowance is payable for each hour lost from the second onwards during the same week or during a continuous period of stoppage.
The compensation limit provided for in Article L. 5424-12 is set at three quarters of the salary. The maximum number of hours that can be compensated is set at nine hours per day up to a maximum of forty-five hours per week.
The maximum number of daily allowances that may be granted in a calendar year is fifty-five.
The amount of the hourly allowance paid in application of articles L. 5424-12 and L. 5424-13 is calculated on the basis of the hourly salary received by the employee on the day before the interruption of work, including, where applicable, bonuses ancillary to salary and performance bonuses. Bonuses representing expenses or risks and additional payments for overtime are excluded.
The part of the salary exceeding the amount corresponding to the salary limit for calculating social security contributions plus 20% is not taken into account in determining the basis for calculating the indemnity.
Hours worked to replace hours lost due to bad weather are paid in accordance with the regulations without taking into account the compensation to which they gave rise under Articles L. 5424-6 to L. 5424-19.
An employee benefiting from the bad weather unemployment scheme remains at the disposal of the company employing him/her at the time of the work stoppage throughout the period of inactivity on the site.
The employee loses his right to compensation if he refuses to carry out the work requested of him by his company, when this work can be carried out during the bad weather, particularly in the workshop or office.
The employer who employs the employee during the bad weather maintains, for the duration of the work, the salary he was receiving before the work stoppage due to the bad weather. The hours paid in this way are deducted from the hours of unemployment giving rise to compensation.
The date of resumption of work for an unemployed employee is decided by the employer or the project manager’s representative on the worksite. The employee will be informed of this date by means of a notice posted at the company’s head office or office or at the entrance to the worksite. An employee who does not return to work as soon as the worksite reopens ceases to be entitled to…
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75001, Paris France
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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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