The employer’s refusal of representation leave shall be reasoned and based on the provisions of article L. 3142-63 or on the limitations based on the number of employees provided for in article D. 3142-53. The employee shall be notified of the refusal by any means giving a date certain within four days of receipt of the request.
In the event of a dispute, the Industrial Tribunal, to which the matter has been referred in accordance with Article L. 3142-63, shall have final jurisdiction.
An employee whose request has not been granted will be given priority for the granting of representation leave at a later date.
At the end of the meeting of the body for which the representation leave is granted, the department responsible for convening the members of this body issues the employees with a certificate stating that they were actually present.This certificate is given to the employer when the employee returns to work.
If the employee’s salary is not maintained or is only partially maintained during the period of representation leave, the employer will issue the employee with a certificate indicating the number of hours unpaid as a result of the leave.
For each hour of unpaid leave, the employee shall receive from the State an indemnity equal to that of the vacation mentioned in article R. 1423-55.
The list of bodies referred to in Article L. 3142-60 is drawn up and kept up to date by a joint order of the Minister responsible for these bodies and the Minister responsible for the Budget.
In the absence of an agreement or a convention mentioned in article L. 3142-65, the employee informs the employer by any means giving a date certain, at least fifteen days before the start of the representation leave, of his wish to benefit from this leave. He shall specify the date and duration of the planned absence and designate the body on which he is to sit.
In the absence of an agreement mentioned in article L. 3142-65, the employer may refuse to grant representation leave if he establishes that the number of employees, per establishment, who have benefited from this leave, during the current year, reaches the following proportion: 1° Less than 50 employees: one beneficiary ; 2° 50 to 99 employees: two beneficiaries; 3° 100 to 199 employees: three beneficiaries; 4° 200 to 499 employees:…
The refusal of international solidarity leave by the employer shall be notified to the employee by any means conferring a date certain within fifteen days, or within twenty-four hours in the event of an emergency, of receipt of the request. If the employer fails to respond within the fifteen-day period, his agreement is deemed to have been obtained.
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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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