French Business Law - French Legislation

Article L3142-38 of the French Labour Code

November 7, 2023

A decree of the Conseil d’Etat shall determine the terms and conditions for the application of this sub-section, in particular: 1° The conditions under which the employer may defer the leave due to the specific needs of the company or its operation ; 2° The conditions under which the list of training courses giving entitlement to mutualist training leave and the bodies likely to provide these training courses is drawn…

Article L3142-39 of the French Labour Code

November 7, 2023

In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the accelerated procedure on the merits, under conditions laid down by decree in the Conseil d’Etat.

Article L3142-40 of the French Labour Code

November 7, 2023

In order to implement an employee’s right to the leave referred to in Article L. 3142-36, a company collective agreement or agreement or, failing that, a branch agreement or agreement shall determine: 1° The maximum total duration of the leave ; 2° The period within which the employee must inform the employer of his request for leave; 3° The rules for determining, per establishment, the maximum number of employees who…

Article L3142-41 of the French Labour Code

November 7, 2023

In the absence of an agreement referred to in Article L. 3142-40, the following provisions apply: 1° The maximum number of days that may be taken as leave is nine working days per year; 2° The time limit within which the employee must inform the employer of his request for leave is set by decree; 3° The rules for determining, per establishment, the maximum number of employees who may benefit…

Article L3142-42 of the French Labour Code

November 7, 2023

Where an employee is appointed to sit on an administrative or joint commission, council or committee dealing with employment and training issues, the employer shall allow him the time necessary to attend meetings of these bodies. The list of these bodies is set by interministerial decree. When an employee is appointed to take part in a jury for an examination or for the validation of acquired experience, the employer shall…

Article L3142-43 of the French Labour Code

November 7, 2023

The employee’s participation in the meetings and juries mentioned in article L. 3142-42 does not entail any reduction in remuneration. The duration of the corresponding leave cannot be deducted from the annual paid leave.

Article L3142-44 of the French Labour Code

November 7, 2023

A decree determines the conditions under which the expenses relating to the maintenance of salary and the reimbursement of travel expenses are borne by the bodies and juries mentioned in article L. 3142-42 or by the company.

Article L3142-45 of the French Labour Code

November 7, 2023

The employer may refuse to grant the leave if it considers that the absence is likely to have a detrimental effect on the smooth running of the company. The employer’s refusal is made after consulting the social and economic committee. Reasons must be given. In the event of a dispute, the employer’s refusal may be challenged directly by the employee before the industrial tribunal (Conseil de prud’hommes), ruling under the…

Article L3142-46 of the French Labour Code

November 7, 2023

In order to implement the employee’s right to the leave referred to in article L. 3142-42, a collective agreement or agreement at company level or, failing that, an agreement or agreement at industry level determines the time limits within which the employee must submit his request for leave.

Article L3142-47 of the French Labour Code

November 7, 2023

In the absence of an agreement mentioned in article L. 3142-46, a decree sets the deadlines within which the employee must submit his request for leave.

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Legislative part

Article L3142-38 of the French Labour Code

Article L3142-39 of the French Labour Code

Article L3142-40 of the French Labour Code

Article L3142-41 of the French Labour Code

Article L3142-42 of the French Labour Code

Article L3142-43 of the French Labour Code

Article L3142-44 of the French Labour Code

Article L3142-45 of the French Labour Code

Article L3142-46 of the French Labour Code

Article L3142-47 of the French Labour Code

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