Chapter IIa: Operational reserve of the customs administration

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Article 52 septies

French Customs CodeIn force
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Updated 8 Nov 2023

I. - A salaried reserve customs officer who carries out a period of employment or training as part of the Customs Administration's operational reserve during his working hours must, where the duration of his period of reserve exceeds ten working days per calendar year, obtain the agreement of his employer, subject to more favourable provisions resulting from the employment contract, collective labour agreements or agreements concluded between the Minister responsible for the budget and the employer.

The employment contract of the salaried reserve customs officer is suspended during periods of employment and training in the customs administration's operational reserve. However, these periods are considered as periods of actual work for the purposes of legal and contractual benefits in terms of seniority, promotion, paid leave and entitlement to social benefits.

A customs officer reservist who undergoes training, within the meaning ofArticle L. 6313-1 of the Labour Code, during his activities within the Customs Administration's operational reserve is not required to seek his employer's agreement as provided for in the first paragraph of this I.

When the employer maintains all or part of the remuneration of the reservist customs officer during his absence for training as part of the Customs Administration's operational reserve, the remuneration and social security contributions relating to this absence are eligible for the employer's contribution to the financing of continuing vocational training provided for inArticle L. 6131-1 of the Labour Code.

II. - When a civil servant performs an activity in the customs administration's operational reserve during his working hours, he is placed in a position for performing activities in the customs administration's operational reserve when the duration of his reserve period is less than or equal to forty-five days.

The situation of non-tenured civil servants is defined by decree in the Conseil d'Etat.

III. - No dismissal or professional downgrading, nor any disciplinary sanction may be pronounced against a reservist customs officer due to absences resulting from the present article.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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