Section 1: Entitlement to leave

Any employer who employs an employee to do paid work during the period set for his statutory leave, even outside the company, shall be deemed not to have given the statutory leave, without prejudice to any damages to which he may be liable pursuant to article D. 3141-2.

An employee who performs paid work during his paid leave period, thereby depriving jobseekers of work that could have been assigned to them, may be the subject of an action before the court for damages against the unemployment insurance scheme. Damages may not be less than the amount of compensation due to the employee for paid leave. The action for damages is brought either by the mayor of the municipality…