In undertakings with less than three hundred employees, the employer may refuse the leave or the change to part-time work: 1° If, after consulting the Social and Economic Committee, the employer considers that the leave or the period of part-time work will have a detrimental effect on the smooth running of the company; 2° If the employee requests this leave or this period of part-time work less than three years…
The employer may postpone an employee’s departure on leave if such departure would result in the number of employees simultaneously absent or the number of days absent on such leave and on sabbatical leave being excessive in relation, respectively, to the total number of employees and the number of days worked in the company.
In undertakings with at least three hundred employees, the employer may defer the start of the period of part-time work where this would have the effect of increasing the number of employees employed simultaneously on a part-time basis under this section to a level that is excessive in relation to the total number of employees in the undertaking.
The employer informs the employee of its decision regarding the departure date chosen by the latter. If the employer fails to respond within a period set by decree, his agreement is deemed to have been obtained.
In order to implement the employee’s right to the leave referred to in Article L. 3142-105, a company collective agreement or, failing that, a branch agreement or convention determines : 1° The maximum duration of the leave or period of part-time work; 2° The number of times the leave or period may be renewed; 3° The length of service required to be entitled to the leave or period; 4° The…
This agreement also sets out the terms and conditions for the deferral of paid leave due to the employee taking the leave.
In the absence of an agreement referred to in Article L. 3142-117, the following provisions apply: 1° The maximum duration of the leave or period of part-time work is one year. It may be extended by a maximum of one year; 2° The seniority required to give entitlement to the leave or the period of part-time work is twenty-four months, consecutive or otherwise, in the company; 3° The conditions and…
In the absence of a stipulation in the agreement referred to in article L. 3142-117, the annual paid leave due to the employee in excess of twenty-four working days may be carried over, at his request, until the start of the leave, under the conditions set out in this paragraph. Such paid leave may be accumulated over a maximum of six years.
An indemnity in lieu is paid to the employee on his departure for all the paid leave from which he has not benefited. The first paragraph of this article does not apply when the employer is required to join a paid leave fund mentioned in article L. 3141-32.
If leave is waived, the employee’s paid leave carried over in application of article L. 3142-120 is added to the annual paid leave. This deferred paid leave is added to the annual paid leave each year, in fractions of six days and until it is used up, from the date of the waiver. No paid leave may be carried over under article L. 3142-120 until it has been used up.
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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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