Summary
Who can get it?
Employees of public or private companies who wish to create or take over an industrial, commercial, craft or agricultural company, whether individual or in partnership.
They must provide proof of seniority in the company of at least 24 months, consecutive or not. If the employee has changed company within the same group of companies, the overall seniority acquired within the group is taken into account.
They must have effective control of the business created or taken over.
What are the advantages ?
It is a one-year unpaid leave renewable once.
For the duration of the leave, the employee’s employment contract is suspended. The employee acquires neither seniority nor the right to paid leave. At the end of the leave, he returns to his previous job or a similar job with at least equivalent remuneration. On the other hand, he cannot oblige his employer to take him back before the expiry of the leave.
Note: there is also the possibility of part-time work during the creation of the company.
What should be done ?
Submit your request to the employer by registered letter with acknowledgment of receipt at least 2 months before the date of departure on leave chosen, specifying the activity you wish to create or resume, the date of departure and the duration of the leave.
Note: when the employee has already benefited from a leave for the creation or takeover of a business, he can only benefit from a new leave after a period of at least 3 years.
What happens next?
The employer must respond by registered letter with acknowledgment of receipt within 30 days of receipt of the request. Without a response from the employer, the authorization is presumed granted.
In companies with less than 200 employees
The employer can refuse the special leave for business creation if he considers, after consulting the works council or, failing that, the staff representatives, that this leave will have detrimental consequences for the smooth running of the company. .
This refusal must be motivated and brought to the attention of the employee by registered letter with acknowledgment of receipt. The employer’s decision may be challenged before the industrial tribunal within 15 days of receipt of the letter of refusal.
Departure on leave may be deferred if the number of days of absence totaled by employees on business creation leave and sabbatical leave at the time of the request exceeds 2% of the total number of days worked in the 12 months. previous ones.
In companies with more than 200 employees
Departure on leave may be deferred if the number of employees simultaneously absent for business creation leave and sabbatical leave exceeds 2% of the company’s workforce.
Even if the quota is not reached (regardless of its size), the business manager may also arbitrarily defer the start of leave within the limit of 6 months from the date of receipt of the employee’s request.
Our tips:
Employees of the liberal professions, civil companies, professional unions and associations can claim leave for business creation in the same way as other employees.