CORONAVIRUS: Flash on the Partial Activity Ordinance of 27 March 2020

 

In addition to Decree No. 2020-325 of 25 March 2020 facilitating the use of partial activity for all companies, an order relating to partial activity was issued pursuant to Article 11 of the Emergency Law of 23 March 2020 to deal with the covid-19 epidemic.

The ordinance n° 2020-346 of 27 March 2020 was published in the Official Journal of 28 March 2020 and is available on the Légifrance website:

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041762506&dateTexte=&categorieLien=id

NEW HYPOTHESIS OF THE OPENING OF THE PARTIAL ACTIVITY

The profit of the partial activity is now open:

  • Public enterprises that insure themselves against the risk of unemployment. The sums payable by the body administering the unemployment insurance will be reimbursed by the undertakings concerned;
  • Foreign companies with no establishment in France and employing at least one employee carrying out his activity on the national territory;
  • Home workers and childcare assistants (on a temporary and exceptional basis). Individual employers are exempted from requesting prior authorisation from the Direccte. The hourly allowance paid by the employer is equal to 80% of the net remuneration, but at least equal to the conventional (net) minimum wage for home-based employees and, in the case of childcare assistants, to the minimum amount of remuneration laid down in the regulations. Individual employers are fully reimbursed. The calculation of the CSG is simplified;
  • To employees of companies with sole financial autonomy who manage a public service of an industrial and commercial nature of ski lifts or ski slopes (experimental device of the Law named “Mountain”).
INDEMNITY AND PARTIAL ACTIVITY ALLOWANCE
  • Apprentices and employees on professionalization contracts receive compensation equal to the percentage of the minimum interprofessional growth wage applicable to them under the provisions of the Labor Code;
  • Employees undergoing training during the period of partial employment are compensated in the same way as other employees in partial employment (70% instead of 100%) when their training was agreed by the employer after 03/28/2020;
  • Paid equivalence hours are taken into account for employees placed in partial activity in sectors subject to equivalence schemes (employees whose working time includes periods of inactivity). In this case, the allowance is calculated according to a specific method. This applies in particular to bakers, caretakers, boarding school supervisors, entertainers, transporters, etc;
  • Part-time employees in partial employment benefit from the same minimum monthly rate of pay as full-time employees (70% of their salary) without this rate being lower than the hourly minimum wage (or the hourly rate of pay if it is lower than the minimum wage).
OTHERS MEASURES
  • Protected employees: the partial activity is compulsory for the protected employee, without the employer’s agreement, as long as it affects all employees of the enterprise, establishment, department or workshop to which the person concerned is assigned or attached;
  • Employees with a fixed daily allowance and senior executives: the terms and conditions for calculating the indemnity and allowance will be set by decree for employees not subject to the legal and contractual provisions relating to working hours, as well as for those whose working hours are not counted in hours.

A decree will determine the duration of application of these provisions, which may not exceed 31 December 2020.

The Labour Law team is at your disposal to discuss or assist you on all these subjects.

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