How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask T Perrin C Your Own Question

T Perrin C
T Perrin C, Consultant: information en droit du travail
Category: French Law
Satisfied Customers: 1352
Experience:  8 years as a Senior judge at Paris Conseil de Prud'hommes (Paris Industrial Tribunal)
46873171
Type Your French Law Question Here...
T Perrin C is online now
A new question is answered every 9 seconds

sabbatical denied and contract break requested via employer

Resolved Question:

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.

Submitted: 1 year ago.
Category: French Law
Expert:  taratill replied 1 year ago.
Hello and welcome to just Answer, where is your employers head office and are you based in France?
Customer: replied 1 year ago.


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

Expert:  T Perrin C replied 1 year ago.
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: 1352
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 1 year ago.


Merci

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawyerAvocat/2013-2-18_172451_balance000.64x64.jpg TKenney, Ph.D.'s Avatar

    TKenney, Ph.D.

    French Attorney (Avocat à la Cour)

    Satisfied Customers:

    785
    Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
  • http://ww2.justanswer.com/uploads/AV/A.Valcke/2013-7-8_11622_valcke1.64x64.jpg A.Valcke's Avatar

    A.Valcke

    Solicitor

    Satisfied Customers:

    70
    Lawyer with Maîtrise en droit & Licence spéciale en droit européen.
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    45
    UK based Immigration Solicitor
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg Top_advisor's Avatar

    Top_advisor

    Attorney

    Satisfied Customers:

    31
    Solicitor and Attorney
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Attorney

    Satisfied Customers:

    14
    Attorney