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

Article D3121-20 of the French Labour Code

The employee sends his request for compulsory time off to the employer at least one week in advance. The request shall specify the date and duration of the rest period. Within seven days of receiving the request, the employer informs the employee either of his agreement or, after consulting the Social and Economic Committee, of the reasons for postponing the request due to imperatives linked to the operation of the…

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Article D3121-21 of the French Labour Code

When the company’s operational requirements prevent several requests for compulsory time off from being satisfied at the same time, applicants are ranked according to the following order of priority: 1° Requests that have already been deferred; 2° Family situation; 3° Length of service with the company.

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Article D3121-23 of the French Labour Code

An employee whose employment contract is terminated before he or she has been able to benefit from the mandatory compensatory rest to which he or she is entitled or before he or she has acquired sufficient rights to be able to take this rest shall receive a cash indemnity the amount of which corresponds to his or her acquired rights. This indemnity is also payable to the dependents of an…

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Article D3121-24 of the French Labour Code

In the absence of an agreement as provided for in I of Article L. 3121-33, the annual overtime quota is set at two hundred and twenty hours per employee. The first paragraph does not apply to the employees referred to in article L. 3121-56 who have signed an agreement for a fixed number of hours over the year.

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Article D3121-25 of the French Labour Code

Pursuant to the fourth paragraph of article L. 3121-41 and the seventh paragraph of article L. 3121-44, overtime means hours worked : 1° More than thirty-nine hours per week. 2° Over and above the average thirty-five hours per week calculated over the reference period set in application of article L. 3121-45, after deduction, where applicable, of any overtime hours worked in excess of the weekly limit. In the event of…

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Article R3121-26 of the French Labour Code

In establishments or parts of industrial establishments where work is carried out in successive shifts on a continuous cycle, the assignment of an employee to two successive shifts is prohibited, except in exceptional cases and for imperative operational reasons. When the assignment to a second shift has extended working hours by more than two hours, the employer must inform the Labour Inspector of the reasons within forty-eight hours.

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Article D3121-27 of the French Labour Code

In the absence of an agreement as provided for in Article L. 3121-44, the working time of the company or establishment may be organised in the form of work periods, each of a duration at most equal to the durations laid down in Article L. 3121-45. The employer draws up the indicative programme for the variation in working hours. Before it is implemented for the first time, this programme is…

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Article D3121-28 of the French Labour Code

When the provisions of article D. 3121-27 are applied, the monthly remuneration of employees of companies organising work periods over a period fixed in application of article L. 3121-45 is independent of the actual working hours. It is calculated on the basis of thirty-five hours per week.

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