Factsheet for measure
FR-2020-13/217
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Updated
– measures in France
Emergency measures relating to short-time working
Mesures d'urgence en matière d'activité partielle
Background information
Link to case
FR-2020-10/462
An ordinance to enact “emergency measures” related to short-time working, which was published in France’s official journal on 28 March, temporarily modifies the rules on how certain employees (part-time workers, apprentices and individuals on professional training contracts) are compensated and opens up the system to groups that are normally excluded (public companies, individuals who work from home).
It also modifies the rules for employees that do training during the short-time working period as well as short-time working in the case of protected employees (e.g. staff representatives).
Content of measure
The new ordinance guarantees partial time workers the same rights to minimum monthly remuneration as full-time employees. Apprentices and employees on a professional training contract will be compensated with 100% of their usual remuneration. Employees who during the period of short-time follow a training course are normally compensated by their employer with 100% of their remuneration.
For training programmes agreed between employees and employers after the entry into force of this ordinance, employees will only receive 70% of their remuneration.
When short-time working is applied for all employees at a company, establishment, department or workshop to which a protected employee is assigned or posted, the employer’s decision is binding on protected employees. As a result, until the end of the health crisis, the employer does not have to obtain the agreement of protected employees to put them on short-time working.
Updates
The following updates to this measure have been made after it came into effect.
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21 December 2020
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Given the still fragile health context, an ordinance of 21 December 2020 extends most of the emergency measures taken in terms of partial unemployment until the end of 2021 at the latest. The provisions allowing to modulate the rate of partial activity coverage for the benefit of the most affected sectors are also extended until 30 June at the latest.
The parameters of partial activity have been adjusted several times to adapt to the different phases of the health crisis linked to the Covid-19 pandemic. This new ordinance of 21 December 2020 provides for a further extension of most of the emergency measures incorporated in ordinance no. 2020-346 of 27 March 2020, which constitute the exceptional partial activity scheme, and for the modification of certain parameters. It also provides for the possibility of modulating the rates of reimbursement applicable to the indemnity and the partial activity allowance.
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Use of measure
Information not yet available.
Target groups
Actors and funding
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Actors
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Funding
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National government
Company / Companies
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National funds
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Consulted
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Consulted
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Form
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Direct consultation outside a formal body
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Direct consultation outside a formal body
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Social partners' role in the
implementation, monitoring and assessment phase:
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Unknown
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Main level of involvement: Unknown
Involvement
Social partners on national level has been informed when the measure was decided by the government, but consulted when it was extended.
Views and reactions
The opinion of the CSE (Conseil social et economique) was required because employers will have to consult them within 2 months after the request for partial activity
Sources
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28 March 2020: Ordonnance n° 2020-346 du 27 mars 2020 portant mesures d'urgence en matière d'activité partielle
(www.legifrance.gouv.fr)
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30 April 2020: Activite partielle - covid 19 - CPME
(www.cpme.fr)
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21 December 2020: Ordonnance n° 2020-1639 du 21 décembre 2020 portant mesures d'urgence en matière d'activité partielle
(www.legifrance.gouv.fr)
