Partial unemployment is intended for all employees who suffer a reduction in pay due to:

– either a reduction in the working hours practised in the establishment or part of the establishment, below the legal working hours;

– a temporary closure of all or part of the establishment.

 

Requests for partial unemployment are made if the reduction of activity is caused by one of the reasons referred to in Article R. 5122-1 of the Labour Code, including circumstances of an exceptional nature, which apply in the current crisis.

This solution will enable you to avoid economic layoffs and preserve the skills of employees to help you rebound when your activity resumes.

 

1. What about partial unemployment for people on sick leave, maternity leave etc.?

An employee on sick leave cannot simultaneously benefit from the daily allowances and the allowances that could be paid to him/her for the partial unemployment. Thus, an employee on sick leave, while his establishment is placed in partial unemployment, can only benefit from the compensation due for the sick leave.

Sick leave takes precedence over partial unemployment (unless otherwise decided in the framework of the forthcoming decree).

 

2. Can fixed-term contracts be eligible for partial unemployment?

Any employee with a French employment contract is likely to benefit from partial unemployment. Consequently, compensation for the partial unemployment allowed for fixed-term contracts, regardless of the grounds for appeal.

 

3. For current fixed-term contracts, is it necessary to favour termination for force majeure or partial unemployment?

The government’s clearly stated intention is to preserve jobs. It is therefore strongly recommended to resort to partial unemployment. Any early termination of a fixed-term contract could be considered abusive.

 

4. Should employees on fixed-term contracts who have not yet started in March but who have already signed their contract be on partial unemployment or have their contract cancelled due to force majeure?

Employers who have signed such contracts are committed to such persons. As soon as these people join the company, and if the company is still under the partial unemployment regime, they will have to be brought into the partial unemployment.

 

5. Can intermittent workers benefit from partial unemployment?

Intermittent workers can benefit from compensation for the partial unemployment. However, a problem may arise if the contract does not define the periods of employment and the distribution of work within these periods. In this case, the administration recommends to refer to the stipulations of the collective agreement, as partial unemployment benefits are only paid in accordance with these provisions.

 

6. Are trainees eligible for the scheme?

Trainees who do not have the status of employee are excluded from the partial unemployment scheme. The fate of the trainees seems to depend on the nature of the diploma and the associated training period.

 

7. Are apprentices eligible for partial unemployment?

Yes, they are eligible for this scheme.

 

8. What will be the impact of partial unemployment on your employees’ pay?

 

Your employee will receive 84% of the net salary over 12 months excluding bonuses, i.e. 70% of his gross salary and 100% if he is on minimum wage. The salary is paid/advanced by the company. According to latest information, the State would be responsible for compensating 100% of the 70% for a base salary of 35h, up to a limit of 4.5 times SMIC (minimum wage).

 

Please do get in touch with any questions: [email protected]

 

*All information above pending confirmation of official State decree.