Background information

Established by the law of 21 October 1946, unemployment in bad weather applies to certain categories of activity in the building and public works (BTP) sector, set by decree. Initially created to compensate workers for work stoppages caused by bad weather. Bad weather is defined as weather conditions and flooding that make it dangerous or impossible to carry out work, either because of the safety of employees or because of the nature or technique of the work to be done. These climatic conditions were then specified by the public authorities in 1947: they include frost, snow, ice, rain, wind and flooding on the site. However, under certain conditions, this scheme can also be implemented in the event of an extreme heat wave.

Content of measure

Managed by CIBTP France and implemented by the CIBTP funds, the "unemployment intempéries" scheme applies to building and civil engineering companies.

Compensation to employees

Employees who can prove that they have worked at least 200 hours in the two months preceding the work suspension due to bad weather conditions are entitled to compensation paid by the employer (who will be partially reimbursed by the CIBTP scheme, see below). Compensation is payable for each hour lost from the second hour onwards during the same week or during a continuous period of stoppage, up to a maximum of 9 hours per day and 45 hours per week. The employee also receives a maximum of 55 daily allowances per calendar year. This allowance, paid by the employer, is equal to 75% of the employee's hourly pay on the day before the work stoppage, up to a maximum of 120% of the Social Security ceiling. The indemnities do not constitute pay and are therefore not subject to social security contributions. However, as replacement income, they are subject to the CSG rate applicable to unemployment benefits, i.e. 6.20%, 3.80%, or exemption depending on the reference tax income, and to the CRDS at the rate of 0.50%, after deduction of 1.75% for professional expenses.

In practice, when bad weather forces a worksite to be shut down, the employer sends a declaration of the periods when work was stopped (duration, employees concerned, etc.) to the CIBTP fund of which it is a member. The company benefits from an exemption from social security contributions on the compensation paid to employees who are off work. The unemployment scheme managed by the CIBTP reimburses the employer for part of the compensation paid to employees. The unemployment scheme also covers paid holiday contributions and, for blue-collar workers, supplementary pension contributions for periods of work stoppage.

Application in the event of extreme heat

In the event of a heatwave, the decision to stop work is the responsibility of the company or its representative on the worksite, and must be taken after the company has studied all solutions enabling it to continue its activity, including changing working hours. The admissibility of claims for compensation is examined on a case-by-case basis by a national commission according to the weather conditions observed at the time of the stoppage and at the site.

To be admissible, claims for compensation must meet four conditions:

• They must relate to stoppages occurring in departments where an orange or red alert has been activated (on the Météo France website) or where a prefectoral order has been issued ordering a suspension of activity due to the heatwave;
• They must not be subject to compensation by the State;
• They must not be made in view of the characteristics of the products used;
• They must be justified by the fact that the company has carefully studied all the solutions enabling it to continue its business, including changing working hours.

Use of measure

Even if it possible to use this scheme in the event of extreme heat, the use seems to be very limited. According to the Statistic report 2022 of CIBTP France (see Source), rain remains the main risk, with 155,819 stops, or 89.81% of all stops. The "snow, frost and ice" risk comes next with 10,635 stops, or 6.13% of stops. The "storm" and "flood" risks are not very significant, with 3,653 stoppages (2.11%) and 3,401 stoppages (1.96%) respectively. In other words, over the period from 1 April 2021 to 31 March 2022, no compensation was paid for work stoppages due to heat waves.

Target groups

Workers	Businesses	Citizens
Particular professions	Sector specific set of companies	Does not apply to citizens

Actors and funding

Actors	Funding
Social partners jointly Company / Companies	Employer

Social partners

Social partners' role in designing the measure and form of involvement:

	Trade unions	Employers' organisations
Role	No involvement	Agreed (outcome) incl. social partner initiative
Form	Not applicable	Unknown

Social partners' role in the implementation, monitoring and assessment phase:

• Only employers' organisations
• Main level of involvement: Sectoral or branch level

Involvement

The four employers' organisation of the construction sector (building and civil engineering) managed the Unemployment due to bad weather scheme through CIBTP France.

Views and reactions

No information.

Sectors and occupations

This case is not occupation-specific.

Sources

• 01 May 2008: Labour Code, article L5424-6 to L5424-19 (www.legifrance.gouv.fr)
• 01 May 2008: Labour code, articles D5424-7 to D5424-49 (www.legifrance.gouv.fr)
• 03 November 2023: CIBTP France, Le chômage intempéries (www.cibtp.fr)
• 03 November 2023: CIBTP, Rapport statistique - Intempéries 2021-2022 (www.cibtp.fr)