Section 5: Holiday pay funds

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…

The paid leave funds are affiliated to an overcompensation fund set up for all the companies mentioned in Article D. 3141-12. The purpose of this fund is, in particular, to share between the funds concerned the expenses resulting from the payment by a single fund of the allowances due to employees successively declared to different funds.

Employees belonging to the establishments mentioned in articles D. 3141-12 to D. 3141-15 are declared by the employer to the competent fund, unless they hold a fixed-term employment contract, concluded for a minimum of one year and having acquired certain date by registration. However, if such a contract is terminated before the end of the year, the employer shall pay retroactively to the fund the contributions corresponding to the wages…

The employer may, with the agreement of the paid leave fund and subject to payment of the corresponding contributions, arrange for the paid leave of employees whose registration is not compulsory.

The effects of the employer’s affiliation cannot go back beyond the opening date of the reference period that has elapsed.

The companies mentioned in article D. 3141-14, established in another Member State of the European Union or in one of the other States party to the Agreement on the European Economic Area, may be exempted from the obligations set out in this sub-section if they can prove that their employees benefit from their paid holiday entitlements for the period of secondment under conditions at least equivalent to those provided for…

When the companies mentioned in article D. 3141-26 are affiliated to an institution equivalent to the paid leave funds in the country where they are established, they must prove that they are up to date with their obligations towards these institutions on the date on which the service begins and that they have continued to contribute to the competent institution during the temporary secondment in order to benefit from the…

The employer shall inform employees, by any means, of the name and address of the paid leave fund to which it is affiliated.