Leave or part-time for company creation or resumption
Verified 31 January 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Leave of absence
An employee who intends to set up or take over a company may, subject to conditions, take leave on a full-time or part-time basis in order to carry out his or her project.
The employee must have 24 months seniority, whether consecutive or not, in the company.
However, the length of service of 24 months may be different if collective agreement or a collective company agreement specifies it.
The employee chooses the length of the leave he wishes, respecting the maximum length of the leave fixed by collective agreement or company collective agreement.
In the absence of a collective agreement or agreement, the maximum duration may not exceed 1 year and is renewable for an additional 1 year.
The employee shall inform the employer of the date on which he wishes to go on leave for the creation or resumption of company and of the envisaged length of such leave.
The conditions and deadlines for information shall be determined by collective agreement or company collective agreement.
The employee shall specify the activity of the company which he plans to set up or take over.
The employee shall send the request to his employer by any means which can be used to justify the date of the request (e.g. letter or registered e-mail).
The request must be addressed to the employer at least 2 months before the planned date of departure on leave.
The employer shall inform the employee either of his agreement to the date of departure chosen by the employee, of the postponement of that date, or of the refusal to grant him leave.
Employer's agreement
The employer shall inform the employee of his agreement on the chosen departure date of the leave for the creation or resumption of a company by any means which can justify the date of his reply.
In the absence of a reply from the employer, within a period of 30 days from the receipt of the request, the agreement shall be deemed to have been concluded.
Postponement of leave
The employer may postpone the leave to limit the number of simultaneous absences in the company.
The leave may also be postponed by the employer if he considers that it will have a detrimental effect on the proper functioning of the company.
The employer may postpone the departure on leave for 6 months at most from the date of the employee's request.
He shall inform the employee of the postponement of the date of departure chosen, by any means which can justify the date of his reply.
Refusal to grant leave
Company of less than 300 employees
The employer may refuse to grant the leave in any of the following cases:
- The employee does not meet the conditions for entitlement to leave (insufficient seniority, request to leave too soon...)
- The employer considers, after consulting the Social and Economic Committee (ESC), that the departure on leave will have adverse consequences for the smooth operation of the company
- The employee requests this leave less than 3 years after a previous creation or takeover of a company
The refusal of the employer to grant leave for the creation or resumption of a company shall be notified to the employee.
The employee may challenge the refusal of the employer within 15 days upon receipt of the refusal, to the prud'homme council.
Company of 300 or more employees
The employer may refuse to grant the leave if the employee does not meet the conditions giving entitlement to it (insufficient seniority, request to leave too soon...)
The refusal of the employer to grant leave for the creation or resumption of a company shall be notified to the employee
The employee may challenge the refusal of the employer within 15 days upon receipt of the refusal from the prud'homme council.
Leave for the creation or takeover of a company is not paid.
However, treaty provisions contractual or a use may provide for more favorable conditions.
An employee who takes leave for the creation or resumption of a company may request a deferral of the days of paid annual leave due to him.
The arrangements for such deferral shall be laid down by company collective agreement or agreement.
In the absence of an applicable agreement or agreement, the employee's annual paid leave may be carried over, at his request, on 6 years at the most. A compensatory allowance corresponding to the total of the cumulative leave days will be paid to the employee when he leaves for the creation or resumption of a company.
If the employee wishes to return to the company
The employee must inform the employer of his or her decision to be re-employed, by any means that can be used to justify the date of receipt, such as a letter or registered e-mail.
He shall at least inform him 3 months before the date on which his leave for creation or resumption of company ends (except when otherwise provided by collective company agreement or collective agreement or branch agreement).
The employee returns to his previous or similar job in the company.
He shall receive remuneration at least equivalent to that which he received when he left on leave.
The employee shall have the right to vocational rehabilitation, if necessary, in particular in the event of a change in techniques or working methods.
The employee may not claim any right to be re-employed before the end of the leave.
If the employee wishes to terminate his employment contract
The employee must inform the employer of his decision to terminate the employment contract by any means which can be used to justify the date of receipt (e.g. letter or registered e-mail).
He shall at least inform him 3 months before the date on which his leave for creation or resumption of company ends (except when otherwise provided by collective company agreement or collective agreement or branch agreement).
The contract of employment shall be terminated in accordance with the conditions laid down in the contract of employment.
The employee may request an extension of his leave for the creation or resumption of a company.
The conditions and time limits for the request for extension shall be determined by collective agreement or collective company agreement.
In the absence of an applicable agreement or agreement, the employee shall send the employer his request for an extension by any means which can justify the date of the request (e.g. letter or registered e-mail).
The request 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 plans to set up or take over a company may work part-time, subject to conditions, to carry out his or her project. If the employee continues to work part-time, he or she shall be paid in proportion to the time worked in the company.
The employee may benefit from a period of part-time work for the creation or resumption of a company.
The employee must have 24 months seniority, whether consecutive or not, in the company or in the other companies of the group.
However, the length of service required may be different if it is determined by collective agreement or collective company agreement.
An employee who has managerial responsibilities within the company may also benefit from a period of part-time work for the creation or resumption of a company.
Seniority shall be taken into account from the start date of the part-time work.
The employee chooses the length of the leave he wishes:
- Either the maximum period of leave is fixed by company collective agreement or agreement
- Or, in the absence of an agreement, the maximum duration may not exceed 1 year and is renewable for an additional 1 year
The employee provides the following information to the employer:
- Start date of the part-time work period
- Magnitude of the desired reduction in his working time
- Proposed duration of part-time
The conditions and time limits for information shall be determined by a company collective agreement or agreement.
The employee shall specify the activity of the company which he plans to set up or take over.
In the absence of an applicable agreement or agreement, the employee shall address the request to his employer by any means which can justify the date of the request for part-time work (e.g. letter or registered e-mail).
The request shall be addressed to the employer at least 2 months before the planned start date of part-time work.
The employer shall inform the employee either of his agreement to the date of departure chosen by the employee, of the postponement of that date, or of the refusal to grant him leave.
Employer's agreement
The employer shall inform the employee of his agreement on the date of the part-time shift by any means which can justify the date of his reply.
In the absence of a reply from the employer, within a period of 30 days from the date of receipt of the application, the employer's agreement shall be deemed to have been obtained.
Postponement of part-time work
The employer may postpone the part-time shift to limit the number of simultaneous absences in the company.
The part-time transition may also be postponed by the employer if he considers that it will have a detrimental effect on the proper functioning of the company.
The employer may postpone the part-time shift for 6 months at most from the date of the employee's request.
He shall inform the employee of the postponement of the date of departure chosen, by any means which can justify the date of his reply.
Refusal to grant part-time
Company of less than 300 employees
The employer may refuse to grant the part-time transition in any of the following cases:
- The employee does not meet the conditions for entitlement to part-time work (insufficient seniority, application in too short a time...)
- The employer considers, after consulting the Social and Economic Committee (ESC), that the change to part-time work will have adverse consequences for the proper functioning of the company
- The employee requests this leave less than 3 years after a previous creation or takeover of a company 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 work for the creation or takeover of a company is notified to the employee by any means which can be used to justify the date of his reply.
The employee may challenge the refusal of the employer within 15 days on receipt of the notification of refusal, to the prud'homme council.
Company of 300 or more employees
The employer may refuse to grant the part-time transition if the employee does not fulfill the conditions giving entitlement to it (insufficient seniority, application within too short a period...).
The employer's refusal to grant part-time company creation or takeover shall be communicated to the employee by any means which can justify the date of his reply.
The employee may challenge the refusal of the employer within 15 days as from the notification, to the prud'homme council.
During the part-time transition, a agreeable the employment contract shall fix the duration of that period.
Any extension of the period of part-time work, at the request of the employee, shall give rise to the signature of a new amendment.
The employee is paid in proportion to his working time (except treaty provisions, contractual or use opposite).
The employee wishes to return to the company
The employee must inform the employer of his decision by any means which can justify the date of receipt, e.g. letter or registered e-mail.
He shall at least inform him 3 months before the end date of the part-time.
The employee shall return to his full-time job, with remuneration at least equivalent to that which he received before the part-time shift.
The employee may not invoke any right to be re-employed full-time before the end of part-time work.
The employee wishes to terminate his employment contract
The employee must inform the employer of his decision to terminate the employment contract by any means which can be used to justify the date of receipt (e.g. letter or registered e-mail).
He shall at least inform him 3 months before the end date of the part-time.
The contract of employment shall be terminated in accordance with the conditions laid down in the contract of employment.
The employee may apply for an extension of his part-time for the creation or takeover of a company.
The conditions and time limits for the request for extension shall be determined by collective agreement or collective company agreement.
In the absence of a collective agreement or an applicable agreement, the employee shall send his request for an extension to the employer by any means which can justify the date of the request for part-time work (e.g. letter or registered e-mail).
The request shall be addressed to the employer at least 2 months before the date of expiry of the current part-time.
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Conditions, duration, employee's request, employer's response, employee's situation, at the end of the leave or part-time (public policy)
Conditions, duration, employee's request, employer's response, employee's situation, at the end of the leave or part-time (scope of collective bargaining)
Conditions, duration, employee's request, employer's response, employee's situation, at the end of the leave or part-time (supplementary provisions)
Employee's request, employer's response, at the end of the leave or part-time (public policy)
Employee's request, employer's response, at the end of the leave or part-time (supplementary provisions)