Factsheet for case FR-2020-15/1411 – measures in France
|Country||France , applies nationwide|
|Time period||Temporary, 07 April 2020 – 31 May 2020|
|Type||Bipartite collective agreements|
Employment protection and retention
– Working time and working time flexibility
|Author||Frédéric Turlan (IRshare) and Eurofound|
|Case created||09 November 2020|
The agreement reached between the management of the LCL bank and representative trade union organisations CFDT and SNB on 7 April 2020 concerns exceptional measures to deal with the COVID-19 epidemic. It provides for three main measures: no recourse to short-time working, maintenance of gross pay for all active employees, and changes to the rules on taking paid leave or leave linked to reduced working hours.
In particular, the bank plans to require employees to take ten days off work, including five working days of paid leave, before 31 May, on dates set by the bank. The agreement, which implements the measures provided for by Ordinance 2020-323 of 25 March 2020, is rather balanced as it supplements the temporary measures allowed by the ordinance with a number of guarantees for employees.
Arrangements for taking paid leaves
Pursuant to Order 2020-323 of 25 March 2020, the agreement allows the employer to impose the taking - or modification of the dates of taking - of 5 days of paid leave. The notice period is 3 days (whereas the ordinance allows this period to be reduced to 1 day). The agreement reduces the number of days that can be imposed for employees whose leaves entitlements are not complete, on a pro rata basis. The agreement gives a priority for taking of leave during the period from 7 April to 9 May 2020, which undoubtedly corresponds to a desire to use up the leave before a full resumption of activity envisaged later in the year. The days of paid leave already validated are deducted from the total number of days that may be imposed.
Adjustment of working time reduction days
In addition, the agreement allows the employer to impose or modify the dates for taking 5 working days of reduced working time (RTT) – whereas the ordinance allows the employer to impose or postpone up to 10 days of RTT –] again with a notice period of 3 days. This rule applies only to employees with 20 or more days of reduced working time for the year 2020. For other employees, this rule applies on a pro rata basis. Finally, for employees on a specific work stoppage during the COVID-19 pandemic (for childcare, for example), the taking of leave and RTT days is imposed after this stoppage, unless it lasts 30 days at most, in which case the employee is exempt.
The agreement applies to about 17,500 employees of the LCL bank in France.
Employees in standard employment
Workers in non-standard forms of employment
|Does not apply to businesses||Does not apply to citizens|
Social partners jointly
Company / Companies
Social partners' role in designing the measure and form of involvement:
|Trade unions||Employers' organisations|
|Role||Agreed (outcome) incl. social partner initiative||Agreed (outcome) incl. social partner initiative|
|Form||Not applicable||Not applicable|
Social partners' role in the implementation, monitoring and assessment phase:
The agreement has been negotiated by all representative trade unions within the bank LCL and signed by the two largest representative trade unions representing over 50% of the votes at the last workplace elections.
The agreement receives the support of the social partners that have signed it.
|Economic area||Sector (NACE level 2)|
|K - Financial And Insurance Activities||K64 Financial service activities, except insurance and pension funding|
This case is not occupation-specific.
Eurofound (2020), Agreement in the bank LCL on exceptional measures regarding paid leave and working time reduction in the context of the COVID-19 pandemic, case FR-2020-15/1411 (measures in France), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch
Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.