Subsection 9: Operational reserve and national service

The provisions of article L. 3142-95 are applicable, when they are sent home, to persons who, having completed their active service, have been retained on national service.

Any employee aged between sixteen and twenty-five who takes part in the call to prepare for defence is entitled to an exceptional one-day leave of absence. The sole purpose of this exceptional leave is to enable the employee to take part in the call to prepare for defence. There is no reduction in pay. It is treated as a period of actual work for the purpose of determining the length…

No employer may terminate an employee’s contract of employment on the grounds that the employer or the employee is subject to national service obligations, or is called up for national service in performance of a commitment for the duration of the war, or recalled for national service in any capacity whatsoever. However, the employer may terminate the contract if he can prove serious misconduct on the part of the employee…

Where the employment contract is terminated for another legitimate reason by one of the parties, the termination of the contract may not be notified or take effect during the period spent on national service. These provisions do not apply if the purpose for which the employment contract was concluded expires during this period.

In the event of failure to comply with the provisions of this paragraph, the injured party shall be entitled to damages fixed by the court, in addition to the redundancy payment.

Any stipulation contrary to the provisions of this paragraph is null and void.