Representation leave for a representative of an association
Verified 27 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You are called upon to represent your association in a body and you want to know whether, as an employee or a public official, you can benefit from a so-called leave of representation ? We present you with the information you need to know.
One association law 1901 or an association under the Alsace-Moselle regime is concerned by that arrangement.
Employee
If you are an employee and are designated as a representative of an association or a mutual society, you can take representation leave to sit in one of its bodies and take part in its meetings.
These can be:
- National Habitat Council
- National Conciliation Commission
- Departmental Housing Council
- Public Housing Support Section
In principle, the maximum number of employees per establishment who may benefit from representation leave during a year is fixed by a collective agreement or agreement.
In the absence of a collective agreement, the maximum number of employees per establishment who may benefit from the leave during a year shall be as follows:
Number of employees in the establishment | Number of employees eligible for leave |
|---|---|
Less than 50 | 1 |
50 to 99 | 2 |
100 to 199 | 3 |
200 to 499 | 8 |
500 to 999 | 10 |
1,000 to 1,999 | 12 |
From 2 000 | 12 + 2 per additional 1 000 employees |
In principle, the duration of leave to represent an association or a mutual society is fixed by a collective agreement or a collective agreement.
In the absence of a collective agreement, the maximum duration of leave shall be 9 working days per year.
Representation leave may be split into half days.
Please note
performance leave does not affect your paid leave entitlements and all other entitlements related to your employment contract.
In principle, the time limit within which you must apply for leave to your employer is also set out in a collective agreement or collective agreement.
In the absence of a collective agreement, you must address your request to your employer at least 15 days before the start of the leave.
You must specify the date, the duration of the proposed absence and the forum in which you will be sitting.
If your employer considers that your absence may disturb the smooth operation of the company, he has the possibility to refuse your leave after consultation of the Social and Economic Committee (ESC).
Its decision to refuse must be notified in the 4 days upon receipt of your request. It has to be argued.
It may be challenged by application to the conseil de prud'hommes.
If your request for leave has not been granted, you will be given priority when making a new request.
The department responsible for convening the meeting must give you a proof of attendance at the end of the meeting. Then you have to give the document to your employer.
Your employer may decide not to pay for the hours of leave or to pay part or all of them.
When the salary is not maintained or partially maintained, your employer will provide you with a certificate indicating the number of unpaid hours.
For each unpaid hour, because of the leave, you receive an hourly compensatory allowance of €12. This compensation is paid by the State or local authority with which the body in which you participate is placed.
Public official
If you are a public official and you are designated as a representative of an association or a mutual society, you may be granted representation leave to sit on one of its bodies and take part in its meetings.
This can be one of the following instances:
- National Habitat Council
- National Conciliation Commission
- Departmental Housing Council
- Public Housing Support Section.
If you are a public servant, you must be active or seconded.
If you are a contract agent, you must be active.
Representation leave may be granted up to a maximum number of days per year per:
- central administration,
- department with national competence,
- deconcentrated service,
- local authority
- or by public establishment.
Number of public officials employed | Number of days off that can be allocated per year |
|---|---|
Less than 50 | 9 |
50 to 99 | 18 |
100 to 199 | 27 |
200 to 499 | 72 |
500 to 999 | 90 |
1,000 to 1,999 | 108 |
From 2 000 | 108 + 18 days per year per additional 1 000 staff |
The maximum duration of leave shall be 9 working days per year.
IIt may be split into half days.
You must submit your request for leave in writing at least 15 days prior to the start date of the leave.
You must specify the date and duration of the planned absence.
Your request must be accompanied by a copy of your summons to the relevant body.
Representation leave shall be granted on the basis of service requirements.
Representation leave shall be cumulable, up to 12 working days in total per year, with leave for trade union training and leave for the training of managers and youth workers.
The department responsible for convening the meeting must give you a proof of attendance at the end of the meeting. Then you have to give the document to your employer.
The index salary, the residence allowance and the family salary supplement shall be maintained during the days of leave.
Who can help me?
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