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…
The following may not be deducted from annual leave: 1° Authorised absences ; 2° Maternity, paternity and adoption leave under articles L. 1225-17, L. 1225-35 and L. 1225-37; 3° Days of absence due to illness or accident; 4° days of unemployment; 5° periods of notice; 6° Compulsory periods of military training.
In the absence of an agreement as provided for in Article L. 3141-10, the starting point of the period taken into account for the calculation of leave entitlement is set at 1st June of each year. However, in professions where, pursuant to article L. 3141-32, the employer is required to join a holiday fund, the starting point of the reference year is set at 1st April.
The employer shall notify employees of the period of paid leave at least two months before the start of the period.
The order of departure for leave is communicated by any means to each employee one month before his departure.
The payment of holiday pay is subject to the rules set out in Book II for the payment of wages.
The end-of-assignment indemnity provided for in Article L. 1251-32 is taken into account when determining the total remuneration provided for in Article L. 3141-24.
An employer who is a member of a paid leave fund, in application of article L. 3141-32, shall issue the employee, in the event of termination of the employment contract, with a certificate justifying his entitlement to leave, taking into account the length of his service.
With a view to determining entitlement to leave and, where applicable, calculating the compensation to be paid to beneficiaries, the paid leave funds will, when calculating the length of service, take into account the length of service completed with employers whose membership of a leave fund is compulsory.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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