INTERNATIONAL SOLIDARITY LEAVE
LexInter | February 18, 2018 | 0 Comments

INTERNATIONAL SOLIDARITY LEAVE

LABOR CODE (Legislative Part)
Section 5: International solidarity leave
Article L225-9
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)
The employee is entitled, provided that he can prove that he has worked in the company for at least twelve months, consecutive or not, to an international solidarity leave to participate in a mission outside France on behalf of a association with a humanitarian purpose declared in application of the law of July 1, 1901 relating to the association contract or registered in the register of associations in application of the law of April 19, 1908 applicable to the association contract in the departments of Bas-Rhin, Haut-Rhin et de la Moselle, or on behalf of an international organization of which France is a member.
The duration of this leave, during which the employment contract is suspended, and the cumulative duration of several international solidarity leaves taken continuously cannot exceed six months.
The list of associations mentioned in the first paragraph of this article is fixed by interministerial decree.
Article L225-10
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)

The employee informs his employer by registered letter with acknowledgment of receipt, at least one month in advance, of the date of departure on leave and the duration of the planned absence, specifying the name of the association on whose behalf the assignment will be carried out.
The leave may be refused by the employer if he considers that it will have prejudicial consequences for the production and the running of the company. This refusal, which must be justified, is notified to the employee, by registered letter with acknowledgment of receipt, within fifteen days after receipt of the request. It can be directly contested before the adjudication office of the industrial tribunal which is seized and decides in last resort according to the forms applicable to the summary.
In the absence of a response from the employer within fifteen days, his agreement is deemed to be granted.
A decree sets the rules according to which the maximum number of employees who may simultaneously benefit from the leave is determined, depending on the workforce of the establishment.
In the event of an emergency, the employee may request a leave of absence of a maximum duration of six weeks, with forty-eight hours’ notice. The employer informs him of his response within twenty-four hours. He is not, in this case, required to justify his refusal, and his silence does not constitute agreement.
The employee gives the employer, at the end of the leave, a certificate confirming the accomplishment of the mission and issued by the association or organization concerned.

Article L225-11
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)

The company manager communicates to the works council or, failing that, to the staff representatives, the list of leave requests with an indication of the action taken therein, as well as the reasons for refusing the leave request. of international solidarity.

Article L225-12
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)
The duration of the leave cannot be, except by mutual agreement, counted against that of the annual leave.
It is assimilated to a period of effective work for the determination of the legal and contractual advantages linked to seniority.
Article L225-13
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)
At the end of the leave, or when it is interrupted for reasons of force majeure, the employee returns to his previous job or a similar job with at least equivalent remuneration.
Article L225-14
(inserted by Law n ° 95-116 of February 4, 1995, art. 85 Official Journal of February 5, 1995)
The provisions of this section are applicable to employees defined in article 1144 (1 ° to 7 ° and 10 °) of the rural code.
LABOR CODE (Regulatory Part – Simple Decrees)
Chapter 5: Leave without pay
Article D225-1
(inserted by Decree n ° 98-136 of March 6, 1998 art. 1 Official Journal of March 8, 1998)The benefit of international solidarity leave may be refused by the employer if it establishes that the number of employees already benefiting from the leave on the departure date envisaged by the requesting employee reaches the following proportion:
Occupying establishment:
– less than 50 employees: one beneficiary;
– from 50 to 99 employees: two beneficiaries;
– from 100 to 199 employees: three beneficiaries;
– from 200 to 499 employees: four beneficiaries;
– from 500 to 999 employees: five beneficiaries;
– from 1,000 to 1,999 employees: six beneficiaries;
– from 2,000 employees: one additional beneficiary for each additional 1,000 employees.

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