The employer may not dismiss for lack of activity, within a period of one month following a period of recuperation, employees normally employed in the establishment or part of the establishment where the recuperation or overtime hours were worked. This provision does not apply to employees hired temporarily to cope with an extraordinary increase in workload.
In the event of extraordinary and prolonged unemployment occurring in a profession, the right to recovery is suspended for that profession: 1° By order of the Minister responsible for labour, either for the whole of France or for one or more regions; 2° By decision of the regional director of companies, competition, consumption, labour and employment for specially determined establishments.
The Labour Inspector is informed in advance by the employer of collective work stoppages and the arrangements for recovery. If work is interrupted by an unforeseen event, the information is given immediately.
In the absence of an agreement as provided for in 2° of Article L. 3121-51, hours lost in the cases provided for in Article L. 3121-50 may only be recovered in the twelve months preceding or following their loss.
In the absence of the agreement referred to in 2° of article L. 3121-51, the hours of recuperation may not be spread evenly over the whole year. They may not increase the working hours of the establishment or part of the establishment by more than one hour per day or more than eight hours per week.
The request of an employee who has entered into a fixed number of days agreement to work reduced hours, in application ofarticle L. 3121-60-1, shall be sent to the employer by registered letter with acknowledgement of receipt. The request shall specify the desired working hours and the planned effective date for the implementation of the new conditions of the fixed number of days. It shall be sent at least two…
The maximum daily working time of eight hours may be exceeded, with the authorisation of the Labour Inspector, in the event of : 1° Circumstances beyond the employer’s control, which are abnormal and unforeseeable; 2° Exceptional events whose consequences could not have been avoided.
The request for authorisation to exceed the maximum daily working time, accompanied by the relevant supporting documents, the opinion of the social and economic committee, if any, and the minutes of the consultation of the trade union delegates, if any, is sent by the employer to the labour inspector. If there is no trade union delegate or social and economic committee, the request must be accompanied by a document attesting…
The excess hours provided for in article L. 3122-6 may be applied on condition that rest periods of a duration at least equivalent to the number of hours worked in excess of the maximum daily working time are allocated to the employees concerned. This rest is taken as soon as possible after the period worked.
Any appeal against the Labour Inspector’s decision must be submitted to the Regional Director for Business, Competition, Consumer Affairs, Labour and Employment within one month of the date on which the parties concerned were notified of the decision.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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