Subsection 5: Derogation from weekly working hours

Derogation from the weekly working time for the holder of a fixed-term contract concluded in application of article L. 1242-3 in the integration workshops and sites may be granted by the Prefect after examining the situation of the person concerned. The period during which the minimum weekly working time of twenty hours may be waived may not exceed twelve months. This period may be extended following an assessment by the…

Where an employer intends to enter into an employment contract derogating from the minimum weekly working time of twenty hours, he must provide the Prefect with the following information prior to recruitment: 1° Any document intended to establish that the situation of the person recruited presents the characteristics mentioned in article R. 5132-43-7 and justifies recourse to this derogation ; 2° A document listing the support and training measures that…

In application of the provisions of article L. 5132-15-1, the diagnosis of the situation of persons likely to benefit from working less than twenty hours must make it possible to establish that their particularly serious difficulties characterise a risk of severe exclusion, the absence of which would prevent their professional integration. This assessment is carried out by the Prefect, where appropriate in collaboration with the organisations responsible for the social…

The Prefect may grant a derogation from the weekly working hours of the holder of a fixed-term contract concluded in application of article L. 1242-3 for all employees of an integration workshop or site presenting particularly serious common difficulties. The request for exemption is made at the initiative of the employer. The period during which the minimum weekly working time of twenty hours may be waived may not exceed twelve…

When an employer plans to conclude employment contracts that derogate, for all of its eligible employees, from the minimum weekly working time of twenty hours, it must provide the Prefect with: 1° A document designed to establish that the integration workshop or site has a project for enhanced support for employees with particularly serious common difficulties that justifies recourse to this derogation; 2° Any document intended to establish the criteria…

In application of the provisions of article L. 5132-15-1, the diagnosis of the situation of persons likely to benefit from working less than twenty hours establishes that their particularly serious difficulties characterise a risk of severe exclusion, the absence of which would prevent their professional integration. This assessment is carried out by the employers of the people concerned. Compliance with the criteria set out in article D. 5132-43-9 is assessed…