Article D3142-16 of the French Labour Code
November 4, 2023
The employee may contest the employer’s refusal within fifteen days of notification.
The employee may contest the employer’s refusal within fifteen days of notification.
In the event of a dispute, the industrial tribunal to which the matter is referred pursuant to Article L. 3142-29 shall have final jurisdiction.
The employer shall inform the employee of its agreement to the chosen departure date of the sabbatical leave or its postponement by any means that provides a date certain.
In the absence of a convention or agreement mentioned in article L. 3142-32, the employee shall inform the employer of the date of departure on sabbatical leave that he has chosen and of the duration of this leave, by any means conferring a date certain, at least three months in advance.
In the absence of an agreement mentioned in article L. 3142-32, the departure on sabbatical leave may be deferred by the employer under the conditions mentioned in the first paragraph of article L. 3142-29, so that the percentage of employees simultaneously absent from the company on sabbatical leave does not exceed 1.5% of the workforce of this company, until the date on which this condition is met or that the…
In the absence of an agreement mentioned in article L. 3142-32, the start of the leave may be deferred by the employer under the conditions mentioned in the second paragraph of article L. 3142-29 in accordance with the provisions of article D. 3142-75.
The list of organisations whose training courses give entitlement to mutualist leave is drawn up by order of the Minister for Mutual Societies after consultation with the Conseil Supérieur de la Mutualité.
The employer may refuse to grant the leave if he establishes that this refusal is justified by the particular needs of his company or its operations. This refusal may only be made after consultation with the Social and Economic Committee. If the employee renews his request after a period of four months has elapsed, he may not be refused a new postponement unless the number determined by article R. 3142-29…
For public undertakings not covered by article L. 2233-1, orders issued by the ministers concerned specify the bodies called upon to give their opinion under the conditions set out in article R. 3142-23.
The refusal or postponement of mutualist training leave by the employer shall be substantiated and notified to the interested party by any means giving a date certain within eight days of receipt of the request.
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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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