Annual Leave: the Legal Period from 1 May to 31 October

This decision sheds important light on your property law. Here is what it changes for you.

The Situation

It follows from the provisions of Article L. 223-7 of the French Labour Code that the period for annual leave is fixed by collective agreements and must, in all cases, include the period from 1 May to 31 October of each year. It is only in the absence of a collective agreement that the said period is fixed by the employer, by reference to custom and after consultation with the staff delegates and the works council. An appeal against a decision is liable to be set aside by the Cour de cassation where it finds an employer guilty of infringing the aforementioned text on the ground that, without prior consultation of the staff delegates, the employer modified, within the limits fixed by law and recalled above, the date of the employees' departure on holiday, within the framework of the collective agreement in force in the establishment, which authorised both the organisation of leave by rotation and the annual closure of the establishment and permitted the conclusion of particular agreements with a view to spreading out leave.

What the Law Says

This decision confirms the fundamental principles of property law.

Key Points

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (titles, deeds, correspondence)
• Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.