Paragraph 1: Operational reserve.

When article L. 2171-1, the second paragraph of article L. 4221-5 and articles L. 4231-4 and L. 4231-5 of the Defence Code are not applied, the salaried reservist is entitled to an annual leave of absence of at least ten working days per calendar year in respect of his employment or training activities in the military operational reserve or the national police operational reserve. In addition to their annual leave,…

To obtain the agreement mentioned in article L. 3142-89, the reservist employee shall submit his request in writing to his employer, indicating the date and duration of the planned absence. In the absence of a response from the employer within the notice period mentioned in articles L. 3142-94-2 and L. 3142-94-3, his agreement is deemed to have been reached. When the available military resources appear to be insufficient to respond…

Periods of activity in the operational reserve are considered as periods of actual work for the purposes of statutory and collective bargaining benefits in terms of seniority, promotion, paid leave and entitlement to social benefits.

The employer may not terminate an employee’s employment contract due to absences resulting from an activity carried out as part of a commitment to serve in the operational reserve or following a call-up or recall of persons subject to the availability obligation. At the end of a period performed under the first paragraph, the employee returns to his previous job.

The termination of the employment contract may not be notified or take effect during a period of activity in the operational reserve.

Where the employer’s prior agreement is required, the employer’s refusal to grant an employee authorisation to take part in an activity in the operational reserve is subject to conditions determined by regulation.

An employee may, at his request and in agreement with the employer, give up anonymously and without consideration all or part of his untaken rest days, whether or not they have been allocated to a time savings account, for the benefit of another employee of the company who has signed a commitment to serve in the operational reserve to enable him to carry out a period of activity in the…