The period for determination of the rights split has come to an end. Employers in the CONSTRUCTION industry can therefore appreciate any additional days or financial benefit gained by their employees. Now, the law work gives the opportunity to employers to amend the rules governing the application of the splitting up of paid leave, including those specific to the ETAM and executives in the CONSTRUCTION industry.
Splitting in the CONSTRUCTION industry : the impact of the law work
The rules relating to the splitting of the paid leave included today both in the labour Code and in collective agreements, ETAM and executives in the CONSTRUCTION industry.
The labour Code grants a statutory right to the days of splitting to all employees asking less than 24 working days of paid leave for the period from 1 may to 31 October.
The national collective agreements of ETAM and executives in the CONSTRUCTION industry allow ETAM and executives who benefit from other rights in respect of the fractionation, replacing the legal right, when the employer asks them to pose their days of paid leave corresponding to the first 24 days solely by period-separated 6 days continuous minimum. Regardless of when these periods doses to be taken before or after the 1st of November.
The law work of the August 8, 2016 gives the possibility to change by agreement of the company the legal right to split or rights deriving from collective agreements, in a more or less favourable to the employees. This agreement may remove any right to additional days of the split, change the number, change the number of days leave entitlement with additional days or substitute for, the granting of additional days by a different compensation.
Splitting in the CONSTRUCTION industry : the modalities of support by the Funds to leave
The Funds provide compensation for the benefit of employees of extra days in split, as provided for by law. This compensation remains the sole responsibility of the Fund, except for the companies attached to the CNETP who must repay the compensation received by the employee and the social security contributions related thereto.
For the specific rights provided for by the collective agreements of the ETAM and executives, it is up to the employer to assign employees directly concerned. The caisse does not support such compensation, either directly or by reimbursing the employer.
The collective agreements of the CONSTRUCTION industry do not derogate from today to the legal provisions in the field of fractionation, out special arrangements for the ETAM and executives. If you plan to negotiate a company agreement on the subject, you must inform the cashier of the new terms and conditions applicable to you in your business. It may be interesting to share with the fund prior to any signing of the agreement to assess the potential financial impact for the company. If the fund adopts the same rules of management as to the compensation as provided by the branch, the indemnity provided by a company agreement may cause the employer the loss of support by the fund (excluding CNETP) additional days to split.
To know how to deal with the level of pay the days of splitting, Editions Tissot offer you their documentation that “a Responsible and manager pays for CONSTRUCTION.” There you will find, for example, an example of pay slip reviewed a framework of Public Works.
Law n° 2016-1088 of 8 August 2016 relating to the work, to the modernisation of the social dialogue and the safeguarding of professional paths, art. 8, official journal of 9
Source : Editions Tissot
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