Covid 19 – Note regarding the partial activity

Following the publication in the Official Journal on Saturday, October 31, 2020 of the decrees relating to partial activity, please find below a summary of the various measures that may apply to your companies.

Partial activity for protected sectors

For the sectors considered as protected or subject to administrative closure, the remainder to be borne by the employer remains null.

For the employer: he or she receives an allowance of 70% of the gross hourly reference salary retained within the limit of 4.5 SMIC, with a minimum of 8.03 €.
For the employee: he or she receives an allowance of 70% of the gross hourly reference salary (with no limit on the amount), with at least the “net SMIC” (i.e. €8.03 per hour).

The Decree 2020-1319 of October 30, 2020 modifies the list of concerned companies provided for by Decree 2020-810 of June 29, 2020, which are now the following :
Annex 1 or list S1: activities that are part of the protected sectors (tourism, hotels, restaurants, sports, culture, events, air transport), without any condition of loss of turnover.
Annex 2 or List S1 bis: activities linked the S1 sectors (in particular non-food related retail stores located in an international tourist zone), provided that they have suffered a loss of turnover of at least 80% between 15 March and 15 May 2020 .
Other sectors for which the main activity requiring the reception of the public is totally or partially interrupted due to the spread of the epidemic in application of a legal or regulatory obligation or an administrative decision.

Partial activity for unprotected sectors

For sectors that are not protected, the current reimbursement terms continue to apply until December 31, 2020. A draft decree provided for a reduction in repayment rates as of November 1, 2020: this reduction has been postponed to January 1, 2021 (Decree 2020-1319 of October 30, 2020).

For the employer: he or she receives an allowance of 60% of the gross hourly reference salary retained within the limit of 4.5 SMIC, with a minimum of €8.03.
For the employee: he or she receives an allowance of 70% of the gross hourly reference salary (with no limit on the amount), with at least the “net SMIC” (i.e. €8.03 per hour).

Modification of the CSE’s information procedures

As of November 1, 2020, the decree 2020-1316 of October 30, 2020 reinforces the CSE’s information procedures where applicable.

Thus, in companies with at least 50 employees, the CSE must be informed at the expiry of each authorization of the conditions under which the partial activity has been implemented.

Application for a single prior authorization

Decree 2020-1316 of October 30, 2020 also specifies that when the application for prior authorization for partial activity and, where applicable, the application for renewal of authorization covers, for the same reason and for the same period, at least 50 establishments located in several departments, the employer may submit a single application for all establishments to the prefect of the department in which one of the establishments concerned is located.

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