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

The agreements mentioned in article D. 3141-15, approved by the Minister responsible for labour, indicate: 1° The reasons justifying the implementation of special affiliation rules; 2° The criterion or criteria according to which affiliation is carried out, in particular the percentage of turnover achieved with regard to the activities mentioned in articles D. 3141-12 and D. 3141-13 below which affiliation is not requested, as well as the activities specific to…

An order issued by the Minister for Employment sets out the supporting documents and guarantees to be provided by the caisses de congés payés either with a view to their approval or during their operation, as well as the provisions contained in their articles of association and regulations.

The Minister for Labour authorises the funds to operate in a specific territorial area after verifying that the number of employees who must be declared to the fund justifies its establishment.

The statutes and regulations of the funds and any amendments to these texts are only applicable after receiving the approval of the Minister of Labour.

In the companies mentioned in article D. 3141-12, whose main activity is in the building trade, the holiday service for declared employees is provided by the fund approved for the territorial district in which the company has its registered office. In companies whose main activity is public works, this service is provided by a national fund. In companies with cooperative status, this service is also provided by a national fund.

Notwithstanding the first paragraph of article D. 3141-20, the competent holiday fund for companies not established in France mentioned in article D. 3141-14 is that of the place where the service is provided or the worksite is located. In the event of multiple simultaneous services, the company may centralise its declarations with the fund of the place of the largest service, taking into account the number of employees assigned to…

The paid leave funds are affiliated to an overcompensation fund set up for all the companies mentioned in Article D. 3141-12. The purpose of this fund is, in particular, to share between the funds concerned the expenses resulting from the payment by a single fund of the allowances due to employees successively declared to different funds.

Employees belonging to the establishments mentioned in articles D. 3141-12 to D. 3141-15 are declared by the employer to the competent fund, unless they hold a fixed-term employment contract, concluded for a minimum of one year and having acquired certain date by registration. However, if such a contract is terminated before the end of the year, the employer shall pay retroactively to the fund the contributions corresponding to the wages…

The employer may, with the agreement of the paid leave fund and subject to payment of the corresponding contributions, arrange for the paid leave of employees whose registration is not compulsory.

The effects of the employer’s affiliation cannot go back beyond the opening date of the reference period that has elapsed.