Chapter II: Assistance for employees on part-time work

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L5122-1L5122-2L5122-3L5122-4L5122-5L5122-6

Article L5122-3

French Labour CodeIn force
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Updated 6 Nov 2023

I.-For the application of the third paragraph of I of article L. 5122-1, the following is taken into account instead of the legal working time:

1° The working time stipulated in the contract for individual package agreements or the collective working time provided for by agreement, for employees who have concluded an individual package agreement in hours, within the meaning of articles L. 3121-56 and L. 3121-57, including overtime, and for employees whose working time is longer than the legal working time in application of a collective labour agreement;

2° The working time considered as equivalent, for employees whose working time is counted according to the equivalence system provided for in article L. 3121-13.

II.-For the application of II of article L. 5122-1 to employees subject to certain specific systems for determining working time, the methods for calculating the indemnity and the allowance are determined according to the following rules:

1° For the employees mentioned in 1° of I of this article, the overtime provided for by the individual agreement on fixed hours or by the collective agreement is taken into account to determine the number of hours not worked for which compensation is paid;

2° For the employees mentioned in 2° of the same I, paid equivalence hours are taken into account for the calculation of the indemnity and the partial activity allowance;

3° For employees whose working hours are counted in days, the number of hours taken into account for the partial activity indemnity and the partial activity allowance is determined by converting a number of days or half-days into hours. The procedures for this conversion are determined by decree;

4° For employees who are not subject to the legal or contractual provisions relating to working hours, the procedures for calculating the indemnity and the allowance are determined by decree.

III - The placement in partial activity of the senior executives mentioned in article L. 3111-2 may only take place in the case provided for in the second paragraph of I of article L. 5122-1.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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