Key Benefits:
Publics concerned: trade union organizations of employees, companies and employees receiving economic, social and trade union leave.
Subject: total or partial maintenance of the remuneration of employees receiving economic, social and trade union leave.
Entry into force: The Order applies to trainings that begin on January 1, 2016.
Notice: In particular, in the absence of a convention between the trade union organization and the employer, the period of reimbursement to employers of the remuneration of employees who have benefited from economic, social and trade union leave by the employee union organizations who have applied for it. It sets out the conditions and limits of a deduction on the salary of the beneficiary of the maintenance of the remuneration in the event of non-refunding of the employer by the employee union organization that applied for it.
It also provides conditions for the accreditation of centres and institutes whose courses or sessions are entitled to economic, social and trade union leave.
References: This decree is taken for the purposes of Article L. 3142-8 introduced by Law No. 2015-994 of 17 August 2015 on social dialogue and employment. The provisions of the Labour Code as amended by this Decree are available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Considering the Labour Code, including its article L. 3142-8;
Considering the opinion of the National Collective Bargaining Commission of 15 December 2015;
The State Council (Social Section) heard,
Decrete:
I.-Section 1 of Chapter II of Title IV of Book I of Part 3 of the Labour Code Regulations is amended as follows:
1° Article R. 3142-1 is repealed;
2° Section R. 3142-2 is amended as follows:
(a) The words: "of a commission under its presidency and comprising:" are replaced by the words: "union organisations of employees mentioned in the 3rd of Article L. 2135-12";
(b) The 1° to 3° are deleted.
II.-Subsection 1 of chapter II, section 1, title IV, of Book I of Part III of the Work Code is supplemented by two articles R. 3142-5-1 and R. 3142-5-2, as follows:
"Art. R. 3142-5-1.-I.-By derogation from the provisions of sections R. 3252-2 to R. 3252-5, where the trade union organization has not refunded the employer of all or part of the amounts due within the time limit set out in the agreement provided for in section L. 3142-8, the employer may make a deduction on the salary of the employee who has been granted leave, unless otherwise stipulated in the agreement, within the following limits
“-50 euros per month when the amount due is less than or equal to 300 euros;
“-in six equal fractions spread over six months when the amount due is greater than 300 euros and less than or equal to 1,200 euros;
"-in twelve equal fractions spread over twelve months when the amount due is greater than 1,200 euros.
"II.-The employer shall inform the employee of the deduction at least thirty days before proceeding with the deduction or first deduction.
"III.-The employer cannot proceed with the deduction when its application has been forwarded outside a time limit set out in the agreement referred to in I.
"Art. R. 3142-5-2.-I.-For the purposes of the provisions of the penultimate paragraph of Article L. 3142-8, in the absence of a convention, the claim for reimbursement shall be forwarded by the employer to the trade union organization that has requested the maintenance of the salary within three months of the day of the effective payment of the wage maintained. This application, to which is attached a copy of the application by the employee maintenance organization and any document to verify the amount of the salary maintained, specifies:
« 1° The identity of the employee;
« 2° The organization responsible for the internship or session;
« 3° The amount of salary maintained and social contributions and contributions thereto;
« 4° The date of training.
"II.-The trade union organization shall pay the employer the amount due within three months of receipt of the full application by the trade union organization.
"III.-By derogation from the provisions of sections R. 3252-2 to R. 3252-5, where the trade union organization has not refunded the employer of all or part of the amounts due within the time limit provided for in II, the employer may make a deduction on the salary of the employee who has benefited from the leave, under the same conditions as those provided for in R. 3142-5-1.
"IV.-The employer cannot proceed with the deduction when its application has been forwarded outside the time limit referred to in I."
III.-Section D. 3142-5-1 becomes section D. 3142-5-3.
The provisions of section 1 apply to trainings that begin on or after January 1, 2016.
The Minister of Labour, Employment, Vocational Training and Social Dialogue is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on December 30, 2015.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
Myriam El Khomri
