Summary
Paid leave for an employee on fixed-term contract
Since the promulgation of the rights simplification law of March 2012 (law 2012-387 of 03/22/2012), the scheme applicable to employees under a fixed-term contract and under a permanent contract is now the same.
Thus, legally, the employee opens:
- his right to paid leave immediately;
- his right to payment of the paid vacation indemnity from the start of the contract.
The Labor Code now indicates the following rule: the employee is entitled to leave of two and a half working days per month of actual work with the same employer. The total required leave period cannot exceed 30 working days (Article L3141-3 modified by LAW n°2012-387 of March 22, 2012 – art. 50 (V))
This diet is applicable since 1 June 2012.
Right to incomplete paid leave: new regime since July 1, 2013
In the event of total closure of the company during the paid holidays, and of an insufficient right of the employee as regards paid holidays, it was of use to evoke the particular mode of “partial unemployment in respect of the paid holidays”.
This system is no longer in force since July 1, 2013, following the publication of the job security law in the JO of 06/16/2013, confirmed by the publication of a decree in the JO of 28/ 06/2013.
Specifically, as of July 1, 2013, all employers who:
- decide to close an establishment for paid leave;
- and who have a newly hired employee who does not have enough leave rights;
will no longer be able to have recourse to Public Aid.
Other consequences:
- the company is no longer in a position to apply for State funding;
- the employee cannot claim payment of wages corresponding to the days of leave not acquired by the employer.
Companies will of course have to check the contractual provisions, in the event that they include provisions obliging the employer to take charge of the remuneration of the employee deprived of the possibility of working due to the closure of the company in respect of paid annual leave. .
Allocation of financial assistance to the employee:
From now on, employees may possibly benefit from aid paid by Pôle emploi, provided that the following conditions are all met:
- the employee does not have sufficient seniority to allow sufficient acquisition of rights to paid leave;
- and that the company closes during annual holidays;
- and that the employee was receiving ARE or ASS before returning to work.
In the absence of financial aid from the Pôle emploi, the administration confirms that the employee can request compensation in advance from his employer.
The amount of the aid is calculated by the services of the Pöle emploi, taking into account the following elements:
- number of days the business is closed;
- rights to paid leave possibly acquired;
- allowances for partial deprivation of employment possibly received.
Unlike the previous partial unemployment scheme, it is no longer up to the employer to take steps to obtain aid. It is up to the employee himself to formulate the request for assistance from the Pôle Emploi agency on which he depended as a job seeker.
Calculation of paid leave during the contract
Throughout the duration of his contract, the paid vacation allowance that will be paid to the employee when taking his vacation will be calculated as for all employees, including employees on permanent contracts.
This therefore implies compliance with the calculation according to the 2 methodsthe employer having the obligation to adopt the most favorable method for the employee:
- calculation to the tenth: sum of the gross wages paid during the reference period which is divided by 10;
- salary maintenance method for which the absence in respect of paid leave is compensated by the paid leave indemnity.
Calculation of paid leave at the end of the contract
At the end of the contract, paid leave acquired but not used must be paid in the form ofcompensatory allowance.
Article L 1242-16 of the Labor Code indicates that the compensatory allowance may not be less than one tenth of the total gross remuneration received by the employee during the duration of his contract, subject to any deduction of leave acquired and used during the contract. CDD.
This calculation must take into account the amount of the precariousness premium.
Example : An employee is under a fixed-term contract from March 1, 2014 to April 30, 2014. He receives €1,900 in March and €2,000 in April 2014.
The cumulative salary is €3,900 (1,900+2,000) at the end of April 2014.
The insecurity premium will therefore be €3,900 /10 = €390.
The amount of the compensatory allowance for paid leave will therefore be (€1,900 + €2,000 + €390)/10 = €429.
Content updated on 01/16/2014