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

Verified 26 August 2024 - 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 is covered by a collective agreement, collective agreement or agreement company or branch.

Collective agreement or agreement

If a convention or a collective agreement (company agreement or branch agreement) has been signed in your company, it lays down specific rules.

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 or collective agreement (company or branch agreement) on which your company depends sets the conditions for:

  • Maximum duration of leave
  • Seniority required to benefit from the leave
  • Maximum number of employees eligible simultaneously of the CSI.

The collective agreement or collective agreement (company or branch agreement) on which your company depends sets out the time limits within which you must submit your application to your employer.

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

  • Mail RAR: titleContent
  • Mail delivered against signature.

FYI  

You benefit from a shortened time if you are applying for an international solidarity leave urgent.

The application shall contain the following information:

  • Duration of planned absence
  • Name of the association with which the assignment will be performed.

The rules depend on your situation:

General case

Your employer may refuse leave if he considers that your absence may have adverse consequences for the proper functioning of the company.

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:

  • Mail 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 acquired if he does not reply within the 15-day period.

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

Emergency

Your employer may refuse leave if he considers that your absence may have adverse consequences for the proper functioning of the company.

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

  • Mail RAR: titleContent
  • Discount against signature.

Warning  

Your employer is not obliged to state reasons his refusal. His silence is no deal.

You can challenge the refusal of the employer 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.

Please note

The collective agreement or collective agreement (company or branch agreement) on which your company depends sets out the measures to maintain a link between the company and you during the period of leave.

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 give your employer a certificate of termination of mission issued by the association or organization concerned.

Please note

Check whether the collective agreement or collective agreement (company or branch agreement) on which your company depends sets out accompanying measures upon your return.

Other situation

Location of the mission and relevant associations

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

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 (in the absence of a collective agreement or agreement)

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

The rules depend on your situation:

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.

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

The rules depend on your situation:

General case

Your employer may refuse leave if he considers that your absence may have adverse consequences for the proper functioning of the company.

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:

  • Mail 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 acquired if he does not reply within the 15-day period.

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

Emergency

Your employer may refuse leave if he considers that your absence may have adverse consequences for the proper functioning of the company.

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

  • Mail RAR: titleContent
  • Discount against signature.

Warning  

Your employer is not obliged to state reasons his refusal. His silence is no deal.

You can challenge the refusal of the employer 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 give your employer a certificate of termination of mission issued by the association or organization concerned.

FAQ