The request for exemption is made either on the employer’s initiative or on the employee’s initiative in agreement with the employer.
When the request for derogation is made at the employer’s initiative, the employer must send the Prefect :
1° Any document intended to establish a promise of employment for a part-time employment contract with an employer other than those mentioned in articles L. 5132-4 and L. 5213-13;
2° A document specifying the employment support measures that it plans to implement during the derogation period to facilitate professional transition.
When the request for a derogation is made at the employee’s initiative, the employee sends a written, reasoned request to his employer who, if he accepts the request, refers the matter to the Prefect under the conditions set out in the second to fourth paragraphs.