Aublé & Associés offers you a summary of the main provisions taken by the Government regarding labor law.
CORPORATE FLASH - EXCEPTIONAL MEASURES IN LABOR LAW
In order to combat the COVID-19 epidemic, a state of health emergency has been declared until May 25, 2020 throughout the national territory (Law 2020-290 art. 4). Article 11 of this law authorized the Government to rule by ordinance, particularly in social law. By several ordinances of March 25, 2020, published in the Journal Officiel on March 26, 2020, measures have been developed to address the consequences, including economic and financial consequences of the epidemic. The following are some of the main measures relating to social law.
Working hours and rest (authorization for companies in key sectors to temporarily derogate from maximum working hours and daily rest periods until the end of 2020)
- On a temporary and exceptional basis, companies "in sectors of activity particularly necessary to the security of the nation and to the continuity of economic and social life" (the list will be specified by a decree currently being drafted, but it includes transport, logistics, agri-food, agriculture, energy and telecommunications) will be able to derogate from the rules of public order in terms of :
- Maximum daily working time: this can be increased to 12 hours (compared to 10 hours under normal circumstances) and the weekly working time in a single week to 60 hours (compared to 48 hours under normal circumstances), while the maximum weekly working time over 12 consecutive weeks is increased from 44 to 48 hours.
- Daily rest time: this can be reduced to 9 consecutive hours (compared to 11 hours in normal circumstances). The maximum duration for night workers is also made more flexible.
- For these same companies, Sunday work is facilitated. Thus, the companies concerned can allocate weekly rest by rotation.
- If these measures are implemented, the employer must inform the social and economic committee (CSE) and the regional directorate for companies, competition, consumption, labor and employment (Direccte) without delay.
Measures concerning the taking of paid vacations and RTT days (period of paid vacations or RTT days and rest imposed or modified until December 31, 2020)
- Paid leave: the text allows employers to require employees to take paid leave (remaining or new leave) or to move it (leave already taken), without having to respect the normal notice period of one month.
- A company or branch agreement is required and the number of imposed or displaced vacations is limited to 6. A notice period of at least 1 clear day must be respected by the employer.
- The employer may also, if the company or industry agreement so provides, split paid leave without the employees' agreement, without being required to grant simultaneous leave for couples working in the same company.
- RTT days: "when justified by the interests of the company", the employer may impose (no collective agreement is required) or move RTT days and rest days linked to the fixed-term work contract and days placed on a time savings account (CET) under exceptional conditions: the employer must give at least one clear day's notice, and the number of days that can be imposed is limited to 10, all systems combined.
Measures relating to partial activity
- Implementation of partial activity :
- The employer has the possibility to place his employees (or part of them) in partial activity and, in a second step, to send his request for authorization of partial activity to the administration within 30 days when the request is justified by exceptional circumstances (for example when the company has been subject to a closure obligation).
- The implementation of partial activity is carried out either within the framework of a reduction of the working hours practiced in the establishment or part of the establishment below the working hours, or to a temporary closure of all or part of the establishment
- The consultation of the employee representative bodies (IRP) can also take place after the request for authorization has been made to the administration and their opinion will be sent to the administration within a maximum of two months.
- In the interest of speed, the time limit for implicit authorization by the administration has been reduced from 15 days to 2 days.
- In case of express authorization, it can be granted for a maximum of 12 months, whereas it is normally 6 months.
- Consequences of using partial activity :
- Unless there are more favourable provisions (particularly in the agreement), employees will receive at least 70% of their gross salary, i.e. approximately 84% of their net salary.
- As far as employers are concerned, the indemnities paid to employees in this respect are fully covered by an allowance paid by the State up to a limit of 4.5 SMIC. Beyond this limit, the employer will be responsible for financing.
Temporary provision of voluntary employees between two companies:
- Employees who are not working and who wish to do so, can be temporarily transferred to a company that is facing a lack of personnel.
- This is a temporary "secondment" that requires the agreement of the employee and both companies.
- As part of this temporary "provisioning", the employee retains:
- his employment contract;
- and 100% of his or her regular salary, paid by his or her original employer.
- The company that temporarily hosts the employee reimburses the original company for this salary.
