LexInter | September 15, 2019 | 0 Comments

Annual Leave

                                                                                                              Article L223-1
(Law n ° 73-4 of January 2, 1973 Official Journal of January 3, 1973) (Law n ° 80-386 of May 30, 1980 art. 3 I Official Journal of May 31, 1980)Any worker, employee or apprentice of industrial, commercial, craft, agricultural establishments, even if they have the cooperative form, and any employee of the liberal professions, ministerial offices, professional unions, civil societies, associations and groups of any kind whatsoever, is entitled each year to paid leave at the employer’s expense under the conditions set out in the following articles. Paid annual leave, Légi Social, n ° 96, 30/09/2000, pp 48-50Maximum working hours and paid holidays, Légi Social, n ° 81, 01/01/2000, pp 44-45
LABOR CODE (Regulatory Part – Simple Decrees)
Chapter 3: Annual leave
Article D223-1
An employer who, during the period fixed for his legal leave, employs an employee in paid work, even outside the company, is considered not to give the legal leave, without prejudice to the damages to which he may be ordered. under the following article.
Article D223-2
A worker who performs paid work during his paid leave, thereby depriving the unemployed of a job that could have been entrusted to them, may be the subject of an action before the magistrate for damages against the worker. unemployment fund.
Damages may not be less than the amount of compensation due to the worker for his paid leave.
The action for damages must be brought at the behest of the mayor of the municipality concerned, or of the prefect.The employer, whoever he may be, who has knowingly employed a worker on paid leave may also be subject, under the same conditions, to the
Article D223-3
(inserted by Decree n ° 80-622 of July 31, 1980 Official Journal of August 6, 1980)The prefects fix in their departments, according to the regions or groups of localities, by decree taken on a proposal from the departmental director of labor, the value of the benefits and benefits in kind mentioned in article L. 223-13. For agricultural professions, these orders are issued on the proposal of the head of the departmental agricultural labor and social protection service.
Article D223-4
The ordinary vacation period must in all cases be brought to the attention of the staff by the employer at least two months before the opening of this period.
The departure order is communicated to each beneficiary fifteen days before their departure, and displayed in the workshops, offices and stores. It is set by the employer, after consultation with the staff or their representatives, taking into account the family situation of the beneficiaries and the length of their services in the establishment.
Article D223-5
Days of sickness, rest for women in childbirth provided for in article L. 122-33, compulsory periods of military instruction, days of unemployment, periods of notice, periods of authorized absences.
Article D223-6
The payment of compensation due for paid vacation is subject to the rules which are set by Book I of this code for the payment of wages and salaries.

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