COMPENSATOR REST
LexInter | June 26, 2002 | 0 Comments

COMPENSATOR REST

Article D212-5
(inserted by Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)The provisions of this section are applicable to workers in companies that are not covered by an agreement concluded in this area between the most representative professional organizations and unions at national level. Compensatory rest: consequences of non-compliance by the employer with its obligation to inform, Court of Cassation, Social Chamber, 23 October 2001, Appeal number 99-40.879, Société de transports Alizé international, Tourreil, Jean-Emmanuel, Social case-law Lamy, n ° 92, 20/12/2001, pp 11-12
Article D212-6
(inserted by Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)The compensatory rest provided for in Article L. 212-5-1 must be taken outside the period from July 1 to August 31 and cannot be combined with paid annual leave, whether it is taken on one or more occasions. .
Article D212-7
(inserted by Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)The request for the benefit of compensatory rest must be made at least one week in advance.
It must specify the date and duration of the rest.
Within seven days of receiving the request, the employer must inform the person concerned, either of his agreement or, after consulting the staff representatives, of the reasons relating to imperatives linked to the operation of the company or the exploitation that motivates the postponement of the request.
In the latter case, the employer must offer the employee another date within the two-month period provided for in article D. 212-9 below.
Article D212-8
(inserted by Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)When imperatives linked to the functioning of the business or operation prevent several requests from being simultaneously satisfied, the applicants are separated, in the following order of priority:
Requests already deferred;
Family status ;
Seniority in the company.
Article D212-9
(inserted by Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)In any event, the period during which the rest may be deferred by the employer may not exceed two months.
However, in the event that this period would have the effect of postponing the rest within the period set in article D. 212-6, it is suspended from the start of this period to start running again at the end of the period. of it.
Article D212-10
(Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)(Decree n ° 2000-81 of January 31, 2000 art. 1 Official Journal of February 1, 2000)

Subject to the provisions of articles D. 212-6, D. 212-8 and D. 212-9, compensatory rest must be taken within a maximum period of two months following the opening of the right.
The right to compensatory rest is deemed open as soon as the duration of this rest, calculated according to the methods provided for in article L. 212-5-1, reaches 7 hours. The day or half-day during which the rest is taken corresponds to the number of hours of work that the employee would have performed during that day or that half-day.
However, when the application of the above provisions would have the effect of placing the rest within the period fixed in article D. 212-6, the period provided for in the first paragraph of this article is suspended from the opening of this period to start running again at the end of it.

Article D212-11
(Decree n ° 76-749 of August 10, 1976 Official Journal of August 12, 1976)(Decree n ° 92-1323 of December 18, 1992 art. 1 I Official Journal of December 19, 1992)

(Decree n ° 92-1323 of December 18, 1992 art. 1 I Official Journal of December 19, 1992)

In establishments where the activity shows significant seasonal variations, it may be substituted for the period provided for in article D. 212-6, after consulting the works council or, failing that, the staff representatives, another period, the duration of which must not exceed two months, determined according to the operational requirements specific to the establishment. This procedure can be implemented, at the employer’s choice, either at the establishment level or at the company level.

The employer is required to notify the labor inspector within two weeks.
However, when the operating conditions of the establishment present particularities such as to justify an exemption from the maximum duration of two months provided for in the first paragraph of this article, the employer may send the request to the labor inspector who forwards it to the director of work.
This request must be justified and accompanied by the opinion of the works council or, failing that, that of the employee representatives.
The labor director takes his decision on the basis of a report drawn up by the labor inspector indicating, in particular, whether the situation of the establishment is such as to justify the granting of the requested exemption.

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