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Leave or part-time for company creation or resumption

Verified 31 janvier 2022 - Legal and Administrative Information Directorate (Prime Minister)

Leave

An employee who is considering starting or resuming a company shall have the option of taking full-time or part-time leave, subject to conditions, to carry out his project.

Employee must have 24 months of seniority, whether or not consecutive, in the company.

However, the 24-month period may be different if collective agreement or collective company agreement specifies.

The employee shall choose the length of the leave which he wishes, respecting the maximum period of leave fixed by collective agreement or collective company agreement.

In the absence of a collective agreement or agreement, the maximum period may not exceed 1 Year and is renewable 1 additional year.

The employee shall inform the employer of the date on which he wishes to leave for the establishment or resumption of company and of the proposed duration of such leave.

Terms and conditions and deadlines for information are determined by collective agreement or collective company agreement.

The employee shall specify the activity of the company which he intends to set up or take over.

An employee shall send his or her application to his or her employer by any means necessary to justify the date of the application (e.g. letter or registered email).

The application must be addressed to the employer at least 2 months prior to the planned date of departure.

The employer shall inform the employee either of its agreement to the employee's date of departure, of the postponement of that date or of the refusal to grant the employee leave.

Employer Agreement

The employer shall inform the employee of his agreement on the date of the leave for the creation or resumption of company by any means necessary to justify the date of his reply.

In the absence of a reply from the employer, within 30 days upon receipt of the application, the agreement shall be deemed to have been acquired.

Postponement of leave

The employer may defer the leave to limit the number of simultaneous absences in the company.

The leave may also be postponed by the employer if the employer considers that it will adversely affect the company's functioning.

The employer may postpone the leave for 6 months from the date of the employee's request.

He informs the employee of the postponement of the date of departure chosen, by any means to justify the date of his reply.

Refusal to grant leave

Company of less than 300 employees

The employer may refuse to grant leave if:

  • The employee does not fulfil the conditions for entitlement to leave (insufficient seniority, request for leave within too short a time).
  • The employer shall, after Social and Economic Committee, that leave will have an adverse effect on the company's functioning
  • Employee requests this leave less than 3 years after previous company creation or resumption

The employer's refusal to grant the leave for the creation or resumption of company is reported to the employee.

The employee may challenge the employer's refusal in 15 days from the date of receipt of the refusal, prud'homme council.

Company of 300 or more employees

The employer may refuse to grant the leave if the employee does not fulfil the conditions of entitlement (insufficient seniority, request for leave within too short a time).

The employer's refusal to grant leave for company creation or resumption shall be reported to the employee

The employee may challenge the employer's refusal in 15 days from receipt of the refusal from the prud'homme council.

Leave for company creation or resumption is not paid.

However, treaty provisions contract or use may provide more favourable conditions.

An employee who takes leave for company creation or resumption may request a postponement of the annual paid leave due to him.

The terms and conditions of such postponement shall be laid down by collective agreement or company agreement.

In the absence of an applicable agreement or agreement, the employee's annual paid leave may be carried over, upon request, to 6 years maximum. A compensatory allowance corresponding to the total cumulative leave shall be paid to the employee on the departure for company creation or resumption.

If the employee wants to return to the company

The employee must inform the employer of his or her decision to be re-employed, for example by any means necessary to justify the date of receipt, letter or registered e-mail.

He shall at least inform him 3 months before the end date of his leave for creation or resumption of company (unless otherwise provided by collective company agreement or collective agreement or branch agreement).

Employees return to their previous job or similar job in the company.

He shall receive remuneration at least equivalent to that which he was receiving at the time of departure on leave.

The employee shall have the right to vocational rehabilitation, if necessary, in particular in the event of changes in techniques or working methods.

The employee cannot claim any right to be reemployed before the end of the leave.

If the employee wishes to break his employment contract

The employee must inform the employer of his or her decision to terminate the employment contract, by any means that can justify the date of receipt (e.g. letter or registered email).

He shall at least inform him 3 months before the end date of his leave for creation or resumption of company (unless otherwise provided by collective company agreement or collective agreement or branch agreement).

The employment contract shall be terminated in accordance with the conditions laid down in the employment contract.

An employee may apply for an extension of his or her leave for company creation or resumption.

The conditions and time limits of the extension request are determined by collective agreement or collective company agreement.

In the absence of an applicable agreement or agreement, the employee shall send his or her request for an extension to the employer by any means necessary to justify the date of the request (e.g. letter or registered email).

His application shall be addressed to the employer at least 2 months before the date of the end of the current leave.

Part-time

An employee who is considering setting up or taking over a company has the opportunity to work part-time, under conditions, to carry out his project. If the employee continues to work part-time, he or she is paid in proportion to the time worked in the company.

The employee can benefit from a part-time working period for company creation or resumption.

Employee must have 24 months of seniority, whether consecutive or not, in the company or in the other companies of the group.

However, the required seniority may differ if determined by collective agreement or collective company agreement.

An employee who exercises managerial responsibilities within the company may also benefit from a part-time working period for the creation or resumption of company.

Seniority is taken into account from the start date of the part-time.

The employee chooses the duration of the leave he wishes:

  • Either the maximum period of leave is fixed by collective agreement or company agreement
  • Either, in the absence of agreement or agreement, the maximum period may not exceed 1 Year and is renewable 1 additional year

The employee shall provide the following information to the employer:

  • Start date of part-time work period
  • Amplitude of the desired reduction in working time
  • Part-time duration

The conditions and deadlines for information shall be determined by collective agreement or company agreement.

The employee shall specify the activity of the company which he intends to set up or take over.

In the absence of an applicable agreement or agreement, the employee shall send his or her application to his or her employer by any means that can justify the date of the part-time request (e.g. letter or registered email).

His application shall be addressed to the employer at least 2 months before the planned start date of the part-time period.

The employer shall inform the employee either of its agreement to the employee's date of departure, of the postponement of that date or of the refusal to grant the employee leave.

Employer Agreement

The employer shall inform the employee of its agreement on the date of the part-time transfer, by any means necessary to justify the date of its reply.

In the absence of a reply from the employer, within 30 days upon receipt of the application, the employer's agreement shall be deemed to have been acquired.

Postponement of part-time transition

The employer may postpone the transition to part-time to limit the number of simultaneous absences in the company.

Part-time work may also be postponed by the employer if the employer considers that it will have an adverse impact on the company's functioning.

The employer may postpone the part-time transition for 6 months from the date of the employee's request.

He informs the employee of the postponement of the date of departure chosen, by any means to justify the date of his reply.

Refusal to grant part time

Company of less than 300 employees

The employer may refuse to grant part-time work in any of the following cases:

  • The employee does not fulfil the conditions for the right to part-time work (insufficient seniority, request within too short a time...)
  • The employer shall, after Social and Economic Committee, that the move to part-time work will have an adverse impact on the company's functioning
  • The employee shall request this leave less than 3 years after a previous company creation or resumption or after the beginning of the exercise of previous management responsibilities within a company meeting the criteria of young innovative company (JEI)

The employer's refusal to grant part-time company creation or resumption is notified to the employee by any means that can justify the date of his reply.

The employee may challenge the employer's refusal in 15 days from the receipt of the notification of the refusal, prud'homme council.

Company of 300 or more employees

The employer may refuse to grant part-time transfer if the employee does not meet the conditions for entitlement (insufficient seniority, application within too short a time...).

The employer's refusal to grant part-time work for the creation or resumption of company shall be notified to the employee by any means necessary to justify the date of his reply.

The employee may challenge the employer's refusal in 15 days from the date of the notification, prud'homme council.

On a part-time basis, attractive to the employment contract shall fix the duration of that period.

Any extension of the part-time working period, at the employee's request, will result in the signing of a new amendment.

The employee shall be paid in proportion to his working time (except treaty provisions, contractual or use opposite).

Employee wants to return to company

The employee must inform the employer of his decision by any means that can justify the date of receipt, letter or registered e-mail, for example.

He shall at least inform him 3 months before the end date of the part-time.

The employee returns to full-time employment with pay at least equivalent to that received prior to the part-time shift.

The employee cannot claim any right to be re-employed full time before the end of the part-time period.

The employee wishes to break his employment contract

The employee must inform the employer of his or her decision to terminate the employment contract, by any means that can justify the date of receipt (e.g. letter or registered email).

He shall at least inform him 3 months before the end date of the part-time.

The employment contract shall be terminated in accordance with the conditions laid down in the employment contract.

An employee may request an extension of his or her part-time period for the creation or resumption of company.

The conditions and time limits of the extension request are determined by collective agreement or collective company agreement.

In the absence of an applicable collective agreement or agreement, the employee shall send the request for an extension to the employer by any means necessary to justify the date of the request for part-time work (e.g. letter or registered email).

His application shall be addressed to the employer at least 2 months before the end date of the current part-time.