For each period of absence from work, the compensation periods run from the first day of absence if the absence is due to an accident at work or an occupational disease, excluding commuting accidents. However, in all other cases, the compensation period runs for more than seven days of absence.
When calculating the indemnities due in respect of a pay period, account is taken of the indemnities already received by the person concerned during the previous twelve months, so that if several absences due to illness or accident have been compensated during these twelve months, the total period of compensation does not exceed that applicable in application of articles D. 1226-1 and D. 1226-2.
Allowances received by the employee from social security and supplementary provident schemes are deducted from the additional compensation, but in the latter case only the portion of benefits resulting from payments by the employer is deducted.
When social security benefits are reduced, in particular as a result of hospitalisation or a sanction by the fund for non-compliance with its internal regulations, they are deemed to have been paid in full for the purpose of calculating the supplementary benefit.
The remuneration to be taken into account for the calculation of the additional allowance is that corresponding to the working hours applied during the employee’s absence in the establishment or part of the establishment. However, if the employees’ working hours have been increased as a result of the employee’s absence, this increase is not taken into account when setting the remuneration.
The seniority taken into account to determine entitlement to the additional indemnity is determined on the first day of the absence.
The period of absence from work after which a liaison appointment can be arranged is thirty days.
The conversion of a post carried out in application of article L. 1226-10 may give rise to the allocation of the financial aid provided for in article L. 5213-10.
Failure to make the pre-employment declaration provided for in article L. 1221-10, under the conditions set out in articles R. 1221-1 to R. 1221-6, is punishable by a fifth-class fine.
The following is punishable by a fourth-class fine: 1° Contravening the provisions of article R. 1221-9 relating to the provision of a copy of the pre-employment declaration or the acknowledgement of receipt to the employee or, failing this, failing to provide the employee with a written contract accompanied by an indication of the body to which the pre-employment declaration is addressed; 2° Failing to produce, at the request of any…
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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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