04/24 UPDATE – COVID-19 – ADDITIONAL MEASURES TO SUPPORT BUSINESSES

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

Ordinance No. 2020-460 of 22 April 2020 on various measures taken to deal with the covid epidemic-19

Ordinance No. 2020-460 published on 23 April adapted several labour law provisions to the Covid epidemic 19

Partial activity

As of May 1, 2020, the sums resulting from the cumulation of the partial activity allowance with additional indemnities paid by the employer, when these sums exceed 70% of 4.5 times the value of the minimum interprofessional growth wage, will be subject to the contributions and social contributions applicable to the activity income.

The Ordinance also allows for the inclusion in compensable non-working hours of hours worked beyond the legal or collective working hours, provided that they are provided for by an agreement or contractual stipulation concluded before the date of entry into force of the Ordinance.

Finally, Article 8 adjusts the conditions for resorting to the partial activity scheme by allowing, on the basis of a collective agreement, or in the absence of an agreement, after a favourable opinion from the social and economic committee or the works council, the partial employment of employees on an individual basis or according to a non-uniform distribution of hours worked or not worked in the same establishment, department or workshop.

The agreement or document submitted for the opinion of the CSE or the work council shall determine in particular :

– the skills identified as necessary to maintain or resume the activity of the enterprise, establishment, department or workshop ;
– the objective criteria, related to the job positions, positions occupied or professional qualifications and skills, justifying the designation of employees who are retained or placed in partial activity or who are subject to a different breakdown of hours worked and hours not worked ;
– the arrangements and periodicity, which may not be less than three months, for periodically reviewing the abovementioned criteria in order to take account of changes in the volume and conditions of activity of the company, with a view, if necessary, to amending the agreement or document ;
– the specific arrangements for reconciling the professional, personal and family lives of the employees concerned
-the arrangements for informing the company’s employees about the application of the agreement throughout its duration.

Consultation of the CSE (social and economic committee)

The CSE is consulted on measures concerning employment and working conditions and on any major changes to the health and safety conditions considered by the employer, prior to their implementation. In order to promote a quick resumption of economic activity under protective conditions for employees, it is important that this consultation can be organised under appropriate conditions. The Ordinance therefore provides that a decree en Conseil d’Etat may adapt the conventional time limits within which this consultation takes place.

On this point, we draw your attention to the fact that the CSE must be consulted before a decision is taken to reopen the company as of May 11th.

Individual companies

Article 2 of the Ordinance provides, during the period of the state of health emergency, to impose the only electronic means for the transmission of declaration files to the business formalities centres (with the possibility of admitting the postal channel for the CFEs with the means to process these transmissions). To this end, declarants currently have several teleservices that enable them to dematerialise procedures at the business formalities centres (guichet-entreprises.fr, infogreffe.fr, lautoentrepreneur.fr, etc.).

Validity of residence permits

The following documents that have expired between 16 March and 15 May 2020 are extended by 180 days:
– long-stay visas;
– residence permits (except those for foreign diplomatic and consular staff);
– provisional residence permits;
– receipts of applications for residence permits.

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