Defined as days of rest, these annual days of leave allow employees to rest while being paid. Without consequences, the employer can apply them to any employee, regardless of the type of employment contract. As for the duration, it evolves and depends on the rights received by employees. It is important that your employer agrees before each absence.
Rules for paid leave
These “days off” have the possibility of being adopted repeatedly only if they go beyond 12 working days. As stated at the beginning of the article, all employees have the right to take leave regardless of their contract (fixed-term contract, permanent contract, temporary contract). In addition to this, seniority and working time (part-time, full-time, etc.) will have no consequence on these rest periods: the employee assimilates 2.5 working days per month of effective work with the same employer (annual leave). This corresponds to 30 working days, the full year (i.e. about five weeks of paid leave).
It is important to know that:
- Absences are included in the calculation of the days
- It may happen that the total number of days of leave obtained is not a whole number. It is then that the duration of the leave will be increased to the next whole number
- Have you recently joined your company? You can also get days off! On one condition, the agreement of your employer.
Paid leave and contracts
Even if each employee has the right to his or her rest days, some specialists have doubts about the conditions: the “days off” on fixed-term contracts, the transition from fixed-term to permanent contract, the completion of contracts, etc. Don’t worry, we’re here to answer you.
Paid leave and fixed-term contracts
Each employee on a fixed-term contract obtains his or her rights to take paid leave in the same way as those on a permanent contract. No differentiation is made regarding the modalities and obtaining these days.
The employee on a fixed-term contract earns 2.5 working days (paid leave acquired) per month and working time in the service of the same employer. No shorter term of this type of contract is taken into account.
However, when an employee does not work for a month, the calculation of leave will be based on the number of days worked in the month in question.
What happens if the employee has not taken advantage of his or her paid leave days at the end of the contract?
If you have the status of employer, they will have to be rebalanced. This is the compensatory allowance. This will be calculated with regard to the working time of the contract: it must always be equal to or greater than 10% of the gross remuneration received by the employee during the fixed-term contract. The employee will receive this compensation at the end of his contract (except for the fact that his fixed-term contract is transformed into a permanent contract and that he continues his activity).
Paid leave: moving from a fixed-term contract to a permanent contract
When this transition is made, you have two choices regarding the compensation of the employee’s leave. It will then be necessary to establish a discussion between the employer and the employee in order to reach a collective agreement.
First choice: the employee wants to be paid at the end of his fixed-term contract for his days of leave not taken. He will therefore benefit from his salary, which will be at least equal to or greater than 1/10th of his total gross remuneration obtained during his actual working time. This is how his counter of “days off” will be refurbished at the beginning of his permanent contract.
Second choice: the employee wishes to keep the days of leave obtained during his fixed-term contract and move them to his permanent contract. He will then keep his seniority contracted during his fixed-term contract.
It is important to know that regardless of the decision you make, the duration of the fixed-term contract will have to be subtracted from the anticipated trial time for the permanent contract.
Let’s come to the ICCP, (the Compensation for Paid Leave). This indemnity allows the employee to regain all of his paid leave obtained and not taken on the date of termination of his contract. (even if he is dismissed for simple, serious or gross misconduct). This allowance will be subject to contributions.
There are still two options for using ICCP:
The employee wants to be paid at the end of their contract for the remaining days of leave. In this case, he or she will receive a remuneration that will be at least equal to or greater than 1/10th of his or her total gross remuneration obtained during his or her actual working hours.
Secondly, he believes it is better to take his paid leave days, which he will take before his departure. However, he will not obtain any compensatory compensation to replace them.
Are you familiar with absence and leave management software?
We explain the benefits of these tools in this article:
==> Guide to Absence and Leave Management Software
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