BUSINESS CREATION LEAVE
| Article L122-32-12 |
| (inserted by Law n ° 84-4 of January 3, 1984 art. 1 Official Journal of January 4, 1984)Article 17 of the law of August 1, 2003 The employee who creates or takes over a company is entitled, under the conditions set out in this section, either to a leave during which the employment contract is suspended, or to a period of work on time. partial within the meaning of article L. 212-4-2. The maximum duration of this leave or this period of part-time work is one year. It can be extended for up to one year. Note: The reference to article L351-22 must be interpreted like that of article L351-24. |
| Article L122-32-13 |
| (inserted by Law n ° 84-4 of January 3, 1984 art. 1 Official Journal of January 4, 1984) Article 17 of the law of August 1, 2003 The right to leave or to a period of part-time work for the creation or takeover of a business is open to the employee who, on the date of entry into force of this right, justifies having a seniority in the company of at least twenty-four months, consecutive or not. “This right cannot be exercised for a new creation or takeover of a business occurring less than three years after the previous one. |
| Article L122-32-14 |
| (inserted by Law n ° 84-4 of January 3, 1984 art. 1 Official Journal of January 4, 1984) Article 17 of the law of August 1, 2003 The employee informs his employer, by registered letter with acknowledgment of receipt, at least two months in advance, of the date on which he wishes to go on leave, or of the date of the start and magnitude of the desired reduction in working time, as well as the envisaged duration of this leave, or reduction. “In the same letter, he specifies the activity of the company that he plans to create or take over. “Any request for an extension of a leave or a period of part-time work previously granted is the subject of information to the employer under the same conditions, two months before its end. “In the absence of a response from the employer within thirty days of the presentation of the letter referred to above, his agreement is deemed to be granted. |
| Article L122-32-15 |
| (inserted by Law n ° 84-4 of January 3, 1984 art. 1 Official Journal of January 4, 1984) Article 17 of the law of August 1, 2003 The employer has the option, under the conditions mentioned in article L. 122-32-24, to postpone the departure on leave or the start of the part-time work period within the limit of six months which run from the presentation of the registered letter mentioned in the first and third paragraphs of article L. 122-32-14. |
| Article L122-32-16 |
| (inserted by Law n ° 84-4 of January 3, 1984 art. 1 Official Journal of January 4, 1984) Article 17 of the law of August 1, 2003 At the end of the leave, the employee returns to his previous job or a similar job with at least equivalent remuneration. The employee cannot invoke any right to be re-employed before the end of the leave. The employee informs his employer, by registered letter with acknowledgment of receipt, at least three months before the end of his leave, of his intention either to be re-employed or to terminate his employment contract under the conditions provided by that – here, with the exception, however, of those relating to the notice period and without having, therefore, to pay a termination indemnity. Employees who resume their activity in the company at the end of the leave for business creation benefit from professional rehabilitation as needed, in particular in the event of a change in techniques or working methods. They are not counted in the 2%. 100 of workers who can simultaneously benefit from the training leave provided for in article L. 930-1 of this code. |
Art. L. 122-32-16-1 . – When a part-time work period is envisaged, it gives rise to an amendment to the employment contract setting the duration of said period and in accordance with the provisions of Article L. 212-4-3.
Any extension of the part-time work period at the request of the employee gives rise to the signing of a new rider under the same conditions.
Art. L. 122-32-16-2. – In companies with less than two hundred employees, when the employer considers, after consulting the works council, or, if none exists, the staff representatives, that the transformation of an employment contract full-time under a part-time employment contract will have prejudicial consequences for the production and the running of the company, he may refuse to enter into the amendment (s) mentioned in Article L. 122-32-16-1, under the conditions mentioned in Articles L. 122-32-23 and L. 122-32-24.
In companies with two hundred employees or more, the employer may, under the conditions mentioned in Article L. 122-32-24, defer signing the same rider (s) if the percentage of the company’s employees simultaneously benefiting from a transformation of their full-time employment contract into a part-time employment contract under Article L. 122-32-12 exceeds 2% of the company’s workforce, until the date on which this rate condition is met.
Art. L. 122-32-16-3. – An employee for whom an amendment to his employment contract provides for the transition from full-time to part-time work cannot invoke any right to be re-employed full-time before the expiry date set by this amendment.
At the end of the agreed part-time work period, the employee concerned returns to full-time activity with remuneration at least equivalent to that which was previously paid to him.
