Background information

Faced with 'an economic, social and societal crisis impacting the entire air transport sector' and a recovery of activity envisaged in 2023/2024, the employers' organisations FNAM and Samera signed, on 5 March 2021, with the 5 trade union CFDT, CFE-CGC, CGT, Unsa and Solidaires, an agreement 'on the implementation of the specific partial activity scheme in the event of a lasting reduction in activity'. The system, whose duration is set at 24 months, consecutive or not, over a reference period of 36 consecutive months, should make it possible to 'meet the needs of companies in the sector in the months and years to come'.

Content of measure

Companies are invited to give priority to the implementation of the long-term short-time working scheme (APLD) through collective bargaining (at establishment, company or group level). Failing that, they may make use of the system "by means of a document drawn up by the employer at company or establishment level". This document must define the activities and employees to which the system applies. In this respect, the agreement stresses that the APLD can benefit "all the employees of the company or establishment" or "a part of the establishment such as, for example, a management, an activity, a workshop, a department or a team".

The reduction in working hours applicable to each employee may not exceed 40% of the legal working time (up to 50% in exceptional cases). The employees concerned will receive, "instead of their salary", an hourly allowance, paid by the employer, under the conditions set by the legislation.

Employment commitments

Companies in the sector must undertake not to make redundancies for economic reasons from employees placed on short-time working during the period of application of the APLD scheme. However, "if the establishment or company were to find itself in an economic situation that would no longer allow it to continue its activity", the signatories agree that "the commitments made in terms of maintaining employment could no longer be maintained".

Commitment to vocational training

The signatories recall the possibility for companies in the branch to request from the joint body in charge of financing vocational training (Opco AKTO) "HR diagnostic and advisory services in order to benefit from personalised support in managing their human resources, adapted to the context of the resumption of activity following the health crisis". In terms of training, the branch stresses the importance of "continuing to train employees in essential skills in order to best support the recovery of activity in air transport companies" and "to make the most of periods of unemployment under the specific partial activity scheme to maintain and develop employees' skills and qualifications".

Supplementation of the personal training account

The signatories encourage companies to top up "according to their economic situation", the personal training account of their employees within the framework of "a professional path validated by the company when the training takes place during working hours". This top-up "could take the form of partial or total coverage of the remaining costs of training and the provision of the employee to follow the training".

State aid

The social partners of the branch ask the public authorities for the possibility of mobilising the available resources of the skills operator and public subsidies dedicated to training.

Monitoring of the agreement

The permanent joint commission for negotiation and interpretation (CPPNI) will be responsible for evaluating the application of the agreement in the first quarter of 2022, 2023 and 2024, in particular on the basis of information that may be provided by the OPCO. An assessment will also be made at the end of the agreement, i.e. in the second half of 2025.

Use of measure

The branch of Transport and air work covers 535 companies (76% with less than 50 employees) and 86,000 employees.

Contents

• Employment retention
• Income protection
• Training and employability
• Working time flexibility

Target groups

Workers	Businesses	Citizens
Employees in standard employment	Does not apply to businesses	Does not apply to citizens

Actors and funding

Actors	Funding
Social partners jointly Trade unions Employers' organisations	Companies Employees National funds

Social partners

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:

• Social partners jointly
• Main level of involvement: Sectoral or branch level

Involvement

Social partners on branch level have negotiated the agreement and no trade union had denounced it. They have asked for extension and the ministry of Labour has agreed the extension by an order of 29 April 2021 (see source section).

Views and reactions

As the agreement has been negotiated and signed by a majority of social partner, the content is considered as given satisfaction to the sectoral social partners.

Sectors and occupations

This case is not occupation-specific.

Sources

• 05 March 2021: Accord du 5 mars 2021 relatif à l’APLD du personnel au sol au sein de la branche du transport aérien
• 29 April 2021: Arrêté du 29 avril 2021 portant extension d’un accord conclu dans le cadre de la convention collective nationale du personnel au sol des entreprises de transport aérien (www.legifrance.gouv.fr)