How do I take a leave of absence for international solidarity?

Verified 06 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Want to take an International Solidarity Leave (ITUC) to participate in a mutual aid mission abroad? This is possible if you are an employee of the private sector. The CSI can be refused by the employer. The rules differ depending on whether the company falls under a collective agreement, a agreement company or branch.

Collective agreement, company or branch agreement

Location of the mission and relevant associations

The mission in which you wish to participate must meet the following 2 conditions:

Other conditions

The collective agreement, the agreement company or branch on which your company depends shall lay down the conditions concerning:

  • Maximum duration of leave
  • Seniority required to benefit from the leave
  • Deadlines for submitting your application to your employer
  • Maximum number of employees who can simultaneously benefit from the CSI
  • Measures to maintain a link between the company and you during the leave
  • Accompaniment on your return

General case

You must inform your employer at least 30 days before the beginning of your leave.

To certify the date of submission of the application, you must use one of the following methods:

  • Letter RAR: titleContent
  • Mail delivered against signature

The application shall contain the following information:

  • Duration of planned absence
  • Name of the association with which the assignment will be carried out
Emergency

You must inform your employer at least 48 hours before the beginning of your leave.

To certify the date of submission of the application, you must use one of the following methods:

  • Letter RAR: titleContent
  • Mail delivered against signature

The application shall contain the following information:

  • Duration of planned absence
  • Name of the association with which the assignment will be carried out

General case

Your employer may refuse your leave if he or she considers that your absence may have a detrimental effect on the company's operation.

The refusal of the employer is communicated to you within 15 days following the date of receipt of your request, by one of the following means:

  • Letter RAR: titleContent
  • Discount against signature

The refusal of the employer shall be made after the Social and Economic Committee (ESC) company.

The employer must justify its refusal.

FYI  

Your employer's agreement is forfeited if he does not respond within the 15-day period.

You can challenge your employer's refusal before the prud'homme council.

Emergency

Your employer may refuse your leave if he or she considers that your absence may have a detrimental effect on the company's operation.

The refusal of the employer is communicated to you within 24 hours upon receipt of your request, by one of the following means:

  • Letter RAR: titleContent
  • Discount against signature

Warning  

Your employer is not obliged to give reasons for its refusal. And his silence is no deal.

You can challenge the employer's refusal before the prud'homme council.

During your leave, your employment contract is suspended and you're unpaid.

The duration of your leave is treated as an actual period of work for the purpose of calculating your seniority and advancement benefits.

Your international solidarity leave cannot include annual leave days.

You will return to your previous or similar job with at least the same remuneration in the following cases:

  • End of the CSI
  • Interrupt for force majeure

You must provide your employer with an end-of-assignment certificate issued by the association or organization concerned.

Other situation

Location of the mission and relevant associations

The mission in which you wish to participate must meet the following 2 conditions:

Length of leave

General case

The maximum duration of your leave is 6 months.

Emergency

In case of emergency, the maximum duration of your leave is 6 weeks.

Seniority required

To apply for a CSI, you must have 12 months whether consecutive or not the company has been in the service.

Number of employees who can benefit simultaneously from the CSI

The number of employees who can simultaneously take a CSI is limited depending on the size of your company.

Tableau - Number of employees eligible for the CSI

Total number of company employees

Number of employee(s) who can simultaneously benefit from a CSI

Less than 50

1

50 to 99

2

100 to 199

3

200 to 499

4

500 to 999

5

1,000 to 1,999

6

From 2 000

+ 1 per additional 1 000 employees

General case

You must inform your employer at least 30 days before the beginning of your leave.

To certify the date of submission of the application, you must use one of the following methods:

  • Letter RAR: titleContent
  • Mail delivered against signature

The application shall contain the following information:

  • Duration of planned absence
  • Name of the association with which the assignment will be carried out
Emergency

You must inform your employer at least 48 hours before the beginning of your leave.

To certify the date of submission of the application, you must use one of the following methods:

  • Letter RAR: titleContent
  • Mail delivered against signature

The application shall contain the following information:

  • Duration of planned absence
  • Name of the association with which the assignment will be carried out

General case

Your employer may refuse your leave if he or she considers that your absence may have a detrimental effect on the company's operation.

The refusal of the employer is communicated to you within 15 days following the date of receipt of your request, by one of the following means:

  • Letter RAR: titleContent
  • Discount against signature

The refusal of the employer shall be made after the Social and Economic Committee (ESC) company.

The employer must justify its refusal.

FYI  

Your employer's agreement is forfeited if he does not respond within the 15-day period.

You can challenge your employer's refusal before the prud'homme council.

Emergency

Your employer may refuse your leave if he or she considers that your absence may have a detrimental effect on the company's operation.

The refusal of the employer is communicated to you within 24 hours upon receipt of your request, by one of the following means:

  • Letter RAR: titleContent
  • Discount against signature

Warning  

Your employer is not obliged to give reasons for its refusal. And his silence is no deal.

You can challenge the employer's refusal before the prud'homme council.

During your leave, your employment contract is suspended and you're unpaid.

The duration of your leave is treated as an actual period of work for the purpose of calculating your seniority and advancement benefits.

Your international solidarity leave cannot include annual leave days.

You will return to your previous or similar job with at least the same remuneration in the following cases:

  • End of the CSI
  • Interrupt for force majeure

You must provide your employer with an end-of-assignment certificate issued by the association or organization concerned.