PRACTICAL SHEET. In the CONSTRUCTION sector, all companies contribute to the funds that have the burden of paying compensation of paid leave to employees. They are required to pay the paid leave is requested until the end of a fixed reference period to the 30 April.
Paid leave in the CONSTRUCTION industry : reference periods specific
- Compensation paid leave BTP: back on the payment of social security contributions
- Paid leave in the CONSTRUCTION industry : the splitting according to the law work
In the CONSTRUCTION sector, the rights to paid leave are calculated by the paid leave funds on the basis of the information transmitted by the companies.
Thus, each year, the paid leave fund indicates, for each of your employees, the entitlements to accrued leave, taking into account all the periods of the activities carried out in the profession during the reference period.
This reference period starts on the 1st April of the year N-1 and ends march 31 of year N.
In practice, this means that all employees who are newly hired shall retain their annual leave with pay earned at a previous employer when the latter is affiliated to a paid holiday Fund for the CONSTRUCTION industry.
If one of your employees has been affiliated during one reference year from different paid leave funds, it must send all of its certificates of paid leave with the cash that you depend on so that it restores his rights to paid leave.
Leave pay earned by your employees during the reference year are then to be taken during the period from 1 may of year N, to 31st April of the year N+1 (except with the approval of the company’s derogatory).
Example 1 : paid leave is acquired from 1 April 2016 to 31 march 2017 will be to consume from 1 may 2017 to 30 April 2018.
Example 2 : paid leave is acquired from 1 April 2015 to 31 march 2016 must be consumed from 1 may 2016 to 30 April 2017.
Paid leave in the CONSTRUCTION industry : their organization
The organization of the paid leave is in principle the power management of your company. However, according to the collective agreements of the CONSTRUCTION industry, each employee shall have a right to leave full from a minimum of 2 times per year :
- Paid leave : how are they acquired and when must they be taken ?
- Counting overtime in the CONSTRUCTION industry : the impact of paid leave
– leave main must be taken continuously for at least 12 days. It must be placed between 1 may and 31 October of the current year ;
– the 5th week of paid leave may be taken in the form of separate days throughout the year by mutual agreement between the employer and the employee. In the absence of agreement, the latter shall be taken at one time from 1 November to 31 march.
Each year, it is important to allow your employees to take paid leave. In effect, an employee prevented by his employer to take paid leave may request the award of damages.
Conversely, when the employee has not taken his leave before the 30 April, without having been prevented by his / her employer, they will be lost (except in the event the preventing of the taking of paid leave such as sickness, work accident, etc).
So that your employees receive payment of their allowance of paid leave, you must report the dates of paid sick leave to the fund to which you are affiliated. Following this declaration, you must give your employees a certificate of paid leave.
The management of paid leave may be complex for the company. To simplify this management and put an end to the flying leaves, the company Lucca offers the online software Figgo and its mobile app. They enable companies to automate with their own rules for the management of absences of their employees, to give access to their leave balances and to transmit just the information in their payroll software and its caisse network Holidays, inclement Weather and CONSTRUCTION.
Learn more about our partner in Lucca
Source : Editions Tissot
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