Please find below an update on the government’s measures taken in response to the Covid 19 epidemic :

Partial activity

Decree No. 2020-435 of 16 April 2020 on emergency measures for partial activity specifies the methods for calculating the indemnity and partial activity allowance for employees whose working hours are counted in days, by setting the rules for converting working days or half-days into hours:

Employees whose duration of work is fixed by a flat-rate agreement in hours or days over the year:

The indemnity and the partial activity allowance shall be determined taking into account the number of hours or days or half-days, where applicable, not worked by the employee in respect of the authorised partial activity period converted into hours in accordance with the following methods :

– Half a day not worked is equal to 3.5 hours not worked;
– A day not worked equals 7 hours not worked;
– A week not worked equals 35 hours not worked.

Days of paid leave and rest taken during this period as well as public holidays not worked which correspond to working days shall, where appropriate, be converted into hours in the same way. The hours resulting from this conversion shall be deducted from the number of hours not worked calculated in accordance with the abovementioned rules. The number of hours giving rise to the payment of the indemnity and the partial activity allowance may not exceed the legal working time (35 hours per week) for the period in question.

Employees who benefit from variable remuneration components or who are paid on a non-monthly basis :

The reference salary used to calculate the indemnity and the partial activity allowance also takes into account the average of the variable remuneration elements. With the exception of professional expenses and the elements mentioned below, received during the 12 calendar months, or over all the months worked if the employee has worked less than 12 calendar months, preceding the first day of partial activity placement in the company.

The basis for calculating the indemnity and the partial activity allowance shall not include :

– Amounts representing business expenses
– Remuneration elements which, although having the character of a salary, are not the counterpart of actual work or are not affected by the reduction or absence of activity and are allocated for the year.

Where remuneration includes a fraction of remuneration corresponding to the payment of holiday pay, that fraction shall be deducted in order to determine the basis for calculating the indemnity and the partial activity allowance, without prejudice to the payment by the employer of holiday pay.

The provisions of the decree are applicable to requests for partial activity compensation addressed to the Services and Payment Agency pursuant to Article R. 5122-5 of the French Labor Code for the partial activity placement of employees from March 12, 2020 due to the covid-19 epidemic until December 31, 2020.

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Supplementary allowance – Vulnerable persons and employees on childcare leave

Decree no. 2020-434 of 16 April 2020 relating to the temporary adjustment of the time limits and methods of payment of the additional compensation provided for in Article L. 1226-1 of the Labour Code adapts, in the context of the covid-19 epidemic, the time limits and methods of payment of the additional compensation in the event of illness or accident for employees who benefit from a work stoppage compensated by the health insurance in application of the provisions of ordinary law and those, exceptionally, taken on the basis of Article L. 16-10-1 of the Social Security Code.

It brings the waiting periods applicable for the payment of these additional allowances into line with those applicable for the payment of daily allowances by the social security system.

In addition, by way of derogation, the duration of the compensation paid to these employees will not be taken into account in the assessment of the maximum duration of compensation over a 12-month period. Finally, from March 12 to April 30, 2020, the amount of the additional compensation is maintained at 90% for all employees, regardless of their seniority, who benefit from a work stoppage pursuant to the provisions adopted for the application of Article L. 16-10-1 of the Social Security Code.

Note that as of May 1, employees who take time off work for these reasons will be placed in partial employment and will receive an indemnity of 70% of their gross salary, i.e. approximately 84% of their net salary. These amounts will be increased to 100% of the salary for employees paid at the minimum wage level. This indemnity will be paid to the employee at the normal pay due date by the company, which will be fully reimbursed by the State under the same conditions as the rest of the partial activity.

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Solidarity fund

Decree No. 2020-433 of 16 April 2020 amending Decree No. 2020-371 of 30 March 2020 on the solidarity fund has been published:

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It contains the changes we mentioned yesterday, as compiled in this document:

Professional training

Finally, you will find attached a note drafted by Opco 2i on the new FNE Training scheme in french.

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