Section 3: Leave and period of part-time work to set up or take over a business

The employer’s agreement is deemed to have been reached in the absence of a response within thirty days of the submission of the initial or renewal request for leave or the period of part-time work to create or take over a business.

In application of article L. 3142-107, the employer may defer the start of the leave or the beginning of the period of part-time work for the creation or takeover of a business, up to a limit of six months from receipt of the request provided for in article D. 3142-73. It informs the employee by any means giving a date certain.

The employee informs the employer of his intention either to be re-employed or to terminate his employment contract by any means giving a date certain, at least three months before the end of his leave for the creation or takeover of a business.

The conditions under which the employer may defer the signature of amendments to employment contracts, in accordance with Article L. 3142-115, are those set out in Article D. 3142-72.

The employer’s refusal to grant business creation leave is notified to the employee by any means that confers a date certain.

The employee may contest the employer’s refusal to grant business creation leave within fifteen days of receiving notification of the refusal.

In the event of a dispute, the Industrial Tribunal, to which the matter has been referred in accordance with Article L. 3142-113, shall have final jurisdiction.

The employer informs the employee of his agreement to the chosen starting date of the business creation leave or of its postponement by any means giving a date certain. In the absence of a response from the employee within thirty days of receipt of the request, his agreement is deemed to have been obtained.