Please find below an update on the government’s response to the Covid 19 epidemic.
Transition from work stoppage to partial activity
A decree of May 5, 2020 establishes the transition of employees who were previously on work stoppage to the partial activity system as of May 1, 2020.
Following this transition of vulnerable employees, employees responsible for the care of children under the age of 16 and disabled persons, from work stoppage to partial unemployment as of 1 May, the Ministry of Labour has updated its questionnaire by specifying that :
– partial activity may apply to these employees even if their company does not normally meet the conditions for the partial activity
– partial activity is automatic, the employer may not refuse it
– the CSE does not need to be consulted for the application of the partial activity scheme
The details of persons considered vulnerable and who may be automatically placed in partial activity are set out in the text of the decree below:
Calculation of the partial indemnity – executives and employees in “portage salarial”
For senior executives, the indemnity will be calculated as follows :
– the monthly reference remuneration used to calculate the indemnity and the partial activity allowance corresponds to the average gross remuneration received during the last 12 calendar months, or where applicable all the calendar months worked if the employee has worked less than 12 months, preceding the first day on which the company or establishment was partially active
– the hourly amount used for the calculation of the allowance is determined by dividing one-thirtieth of the amount of the monthly reference salary by 7 hours
– the number of non-working hours eligible for compensation, within the limit of the legal working hours, is obtained according to the conversion into hours specified in 1° of the decree of 16 April 2020, i.e. :
half a day not worked corresponds to 3h30 not worked;
a day not worked corresponds to 7 hours not worked;
a week not worked corresponds to 35 hours not worked.
For employees in “portage salarial”
– the number of compensable hours corresponds, within the limit of the legal working time over the period in question, to the monthly average of hours or days worked over 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 employment with the carrying undertaking. A day worked corresponds to 7 hours worked;
– the monthly reference remuneration used to calculate the allowance and the partial activity allowance corresponds to 75 % of the monthly value of the social security ceiling for an activity equivalent to a full-time job. When the average monthly hours worked are less than a full-time equivalent activity, the monthly reference remuneration is corrected in proportion to the average monthly hours worked compared to the legal working time over the period in question;
– the hourly amount used to calculate the indemnity and allowance is determined by relating the amount of the monthly reference remuneration to the average monthly hours worked.
Transports in the Ile de France Region
The employers’ organisations – MEDEF Ile-de-France, CPME Paris Ile-de-France, U2P Ile-de-France – and the trade unions – CFDT and CFTC – with the support of the State, local authorities, Ile-de-France Mobilités, RATP, CCIR Paris Ile-de-France and CRMA Ile-de-France have collectively defined the terms and conditions for using public transport to resume activity in Ile-de-France.
Details can be found in the attached press release.