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Part Three: Working hours, pay, profit-sharing and employee savings schemes

Article R3135-2 of the French Labour Code

Failure to comply with the provisions of articles L. 3132-1 to L. 3132-14 and L. 3132-16 to L. 3132-31, relating to weekly rest periods, as well as those of the decrees issued for their application, is punishable by a fifth-class fine. Contraventions give rise to as many fines as there are employees illegally employed. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the French Penal Code.

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Article R3135-3 of the French Labour Code

Failure to comply with the provisions of articles L. 3133-4 to L. 3133-6 and D. 3133-1 relating to 1st May is punishable by a fourth-class fine. The fine is applied as many times as there are employees wrongly employed or remunerated.

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Article R3135-4 of the French Labour Code

Failure to comply with the provisions of articles L. 3134-3 to L. 3134-9 specific to the Moselle, Bas-Rhin and Haut-Rhin départements or the decrees issued for their application is punishable by a fifth-class fine. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the French Criminal Code.

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Article R3135-5 of the French Labour Code

Failure to comply with the provisions of articles L. 3164-2 to L. 3164-4, relating to weekly and Sunday rest periods for young workers, as well as those of the decrees issued for their application, is punishable by a fifth-class fine. There are as many fines for each offence as there are employees illegally employed. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the French Penal Code.

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Article R3135-6 of the French Labour Code

Failure to comply with the provisions of articles L. 3172-1 and L. 3172-2, relating to the monitoring of weekly rest periods, as well as those of the decrees issued for their application, is punishable by a fifth-class fine. Contraventions give rise to as many fines as there are employees illegally employed. Repeated offences are punishable in accordance with articles 132-11 and 132-15 of the French Penal Code.

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Article D3141-1 of the French Labour Code

Any employer who employs an employee to do paid work during the period set for his statutory leave, even outside the company, shall be deemed not to have given the statutory leave, without prejudice to any damages to which he may be liable pursuant to article D. 3141-2.

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Article D3141-2 of the French Labour Code

An employee who performs paid work during his paid leave period, thereby depriving jobseekers of work that could have been assigned to them, may be the subject of an action before the court for damages against the unemployment insurance scheme. Damages may not be less than the amount of compensation due to the employee for paid leave. The action for damages is brought either by the mayor of the municipality…

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Article D3141-3 of the French Labour Code

The following may not be deducted from annual leave: 1° Authorised absences ; 2° Maternity, paternity and adoption leave under articles L. 1225-17, L. 1225-35 and L. 1225-37; 3° Days of absence due to illness or accident; 4° days of unemployment; 5° periods of notice; 6° Compulsory periods of military training.

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Article R3141-4 of the French Labour Code

In the absence of an agreement as provided for in Article L. 3141-10, the starting point of the period taken into account for the calculation of leave entitlement is set at 1st June of each year. However, in professions where, pursuant to article L. 3141-32, the employer is required to join a holiday fund, the starting point of the reference year is set at 1st April.

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