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Article D7121-34 of the French Labour Code

If, at the time of the employee’s departure, the employer has not issued the certificate proving the employee’s entitlement to leave, the employee may request it within six months of his or her departure. If the employer refuses, the employee must inform the leave fund.

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Article D7121-35 of the French Labour Code

The payment of contributions made by the employer in application of article D. 7121-44 exempts him from the payment of the compensatory leave indemnity, provided for in article L. 3141-28, in the event of termination of the employment contract of an employee who has been with the company for at least one month and who has not benefited from his paid leave.

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Article D7121-36 of the French Labour Code

To benefit from continuous annual leave, in application of article D. 7121-31, the employee must send the paid leave fund the certificates he has received from his employer or successive employers. This transmission is made at least fifteen days before the date on which the employee takes his leave. After verification, the fund will pay the employee the amount of compensation to which he/she is entitled upon presentation of proof…

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Article D7121-37 of the French Labour Code

The amount of the daily leave allowance is equal to the average daily remuneration received by the person concerned in the undertakings in which he/she was employed during the period taken into consideration for the determination of the leave entitlement. The amount of the daily allowance may not exceed the maximum figure set in the collective labour agreements or by arbitration award made under the conditions provided for in Articles…

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Article D7121-38 of the French Labour Code

A paid leave fund provides annual leave for artistic and technical personnel employed on an intermittent basis in the companies mentioned in articles D. 7121-28 and D. 7121-29. This fund distributes the costs resulting from the granting of paid leave among these companies.

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Article D7121-39 of the French Labour Code

The caisse de congés payés is approved by the Minister of Labour. The Minister approves its articles of association and regulations as well as any amendments made to them. They may only be amended with his approval. An order of the Minister responsible for labour sets out the documents, evidence and guarantees to be provided by the fund, either with a view to its approval or during its operation. This…

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Article D7121-42 of the French Labour Code

Undertakings established in another Member State of the European Union or another State party to the Agreement on the European Economic Area which employ seconded employees mentioned in 2° of article D. 7121-29 may be exempted from the obligations set out in this section if they can prove that these employees benefit, for the period of secondment, from their paid holiday entitlements under conditions at least equivalent to those provided…

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Article D7121-43 of the French Labour Code

When, in the country where they are established, the companies mentioned in article D. 7121-42 are affiliated to an institution equivalent to the paid leave funds, they must prove, in order to benefit from the exemption: 1° That they are up to date with their obligations towards these institutions on the date of commencement of the service; 2° That they have continued to contribute to the competent institution during the…

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