Exactly applies the law the

Reference decision: cc • No. 21-17.300 • 2022-11-23 • View decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Exactly applies the law the court of appeal which, having held that the employee could not claim during the period of unpaid leave any compensation other than under the time savings account, decides that the employer was not obliged to pay remuneration for public holidays falling within that leave

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

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

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

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Landlord refuses to pay for public holiday

A landlord in Lyon has an employee on unpaid leave (e.g., sabbatical) for March 2023. A public holiday falls during that period. The employee claims extra pay for that holiday.

Practical application:

This case law confirms the employer is not required to pay remuneration for public holidays falling within unpaid leave. As a landlord, you should clearly state in the leave agreement that no additional compensation is due for public holidays. Keep the signed agreement and a calendar of holidays as evidence.

First-time buyer discovers hidden holiday pay claim

A first-time buyer in Bordeaux purchases a commercial property with an employee on unpaid leave. The employee later demands payment for a public holiday that occurred during the leave, claiming it was not covered.

Practical application:

This decision protects you: the employee cannot claim extra pay for public holidays during unpaid leave. Before closing, ask the seller for a written statement confirming no such claims exist. Include a clause in the sale agreement indemnifying you against any post-sale holiday pay demands.

Co-owner disputes holiday pay for shared employee

A co-ownership syndicate in Paris employs a caretaker who takes unpaid leave. One co-owner insists the syndicate must pay the caretaker extra for a public holiday falling within that leave.

Practical application:

Under this case law, the syndicate is not obliged to pay extra. The co-owner's claim has no legal basis. The syndicate should refer to the caretaker's employment contract and the leave approval document. Advise the co-owner to consult a lawyer if they persist, but the syndicate can safely refuse payment.

Exactly applies the law the

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Landlord refuses to pay for public holiday

First-time buyer discovers hidden holiday pay claim

Co-owner disputes holiday pay for shared employee

About the author

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Maître Zakine, Doctor of Law