Subsection 2: Provisions specific to the building and public works professions

In companies carrying out one or more activities falling within the scope of the extended national collective agreements for building and public works, holiday entitlement is provided on the basis of these agreements by funds set up for this purpose. However, when the company applies, as its main activity, a national collective agreement other than those mentioned in the previous paragraph and subject to an agreement concluded, in accordance with…

The scheme provided for in this sub-section applies to quarries annexed to the undertakings mentioned in the first paragraph of Article D. 3141-12 as well as to workshops, worksites and other establishments working exclusively for the operation and maintenance of these undertakings, whether or not they are annexed to them.

The scheme provided for in this section also applies to the companies not established in France referred to in Articles L. 1262-1 and L. 1262-2.

Special membership rules may be defined by agreement between the national overcompensation fund mentioned in Article D. 3141-22 and the employers’ organisations representing a professional branch other than that of building and public works when the companies affiliated to these employers’ organisations carry out, on a secondary or ancillary basis, one or more activities involving their membership of the funds mentioned in Article D. 3141-12.

The agreements mentioned in article D. 3141-15, approved by the Minister responsible for labour, indicate: 1° The reasons justifying the implementation of special affiliation rules; 2° The criterion or criteria according to which affiliation is carried out, in particular the percentage of turnover achieved with regard to the activities mentioned in articles D. 3141-12 and D. 3141-13 below which affiliation is not requested, as well as the activities specific to…

An order issued by the Minister for Employment sets out the supporting documents and guarantees to be provided by the caisses de congés payés either with a view to their approval or during their operation, as well as the provisions contained in their articles of association and regulations.

The Minister for Labour authorises the funds to operate in a specific territorial area after verifying that the number of employees who must be declared to the fund justifies its establishment.

The statutes and regulations of the funds and any amendments to these texts are only applicable after receiving the approval of the Minister of Labour.

In the companies mentioned in article D. 3141-12, whose main activity is in the building trade, the holiday service for declared employees is provided by the fund approved for the territorial district in which the company has its registered office. In companies whose main activity is public works, this service is provided by a national fund. In companies with cooperative status, this service is also provided by a national fund.

Notwithstanding the first paragraph of article D. 3141-20, the competent holiday fund for companies not established in France mentioned in article D. 3141-14 is that of the place where the service is provided or the worksite is located. In the event of multiple simultaneous services, the company may centralise its declarations with the fund of the place of the largest service, taking into account the number of employees assigned to…