Section 4: Holiday pay

The allowance corresponding to the leave provided for in article L. 3141-3 may not be less than one tenth of the total remuneration received by the person concerned during the reference period, nor less than the salary that would be due at the time of payment of the allowance for working the same amount of time as the leave.Each additional day of leave granted in accordance with the provisions of…

For the purpose of calculating the holiday pay to be granted to two employees covered by article L. 7213-3, the remuneration of the persons concerned, both in cash and in kind, is considered, unless otherwise agreed, as half due to each of them.

To the indemnity calculated in accordance with the provisions of articles R. 7213-9 and R. 7221-2, may be added, where applicable, an indemnity representing the benefits in kind guaranteed by the contract and from which the employee ceases to benefit during his leave. The amount of this allowance may not be less than that set each year for each department, locality or group of localities, by prefectoral decree.

In the event of dismissal, resignation or death of the employee, the indemnities provided for in articles R. 7213-9 to R. 7213-11 are payable under the conditions determined by articles L. 3141-28 to L. 3141-30, relating to holiday indemnities following termination of the employment contract, and in article D. 3141-9 when the employer is required to join a paid holiday fund.