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T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
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sabbatical denied and contract break requested via employer

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Can your company who has more than 400 employees but less than 20 in France refuse your request for unpaid sabbatical because they say they have less people in the office than the rules apply to, even if you do not work in a French team but for a global team (i.e. there is nothing specific to France in your job)? And if they can, are they allowed to instead of sending a formal letter to deny it, ask you instead to sign a break of contract?


 


(I should mention I am on a sick leave stoppage but working remotely and thus fulfilling my duties)


 


I asked for a sabbatical and was denied via phone and asked for a break of contract at the same call with no prior warning and asked to sign the rupture of contract today even though my work stoppage is not over yet.

Hello and welcome to just Answer, where is your employers head office and are you based in France?
Customer: replied 3 years ago.


Hi they are in Paris and I am based in France as well

Yes, they have no obligation under French labor law to grant you that sabbatical. The number of employees to take into consideration is that of personnel based in France employed under a French contract by the same legal entity.
No, they cannot ask you to break your contract, which would mean resigning your position. If they want to break the contract they can either offer you a rupture conventionnelle or break the contract themselves by initiating licenciement proceedings... If what they are offering you is a rupture conventionnelle it can be signed while you are on sick leave (unless this is due to an occupational accident) but you cannot be coerced in any way into signing it.
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1412
Experience: 8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
T Perrin C and other French Law Specialists are ready to help you
Customer: replied 3 years ago.


Merci