the UNEMPLOYMENT PART. As of Wednesday 1st of July 2020, a device activity partial long-term (APLD) can now be put in place, subject to a collective bargaining agreement for the majority. That is what it means concretely for you ? What is the impact on your payslip ? We will respond to your questions.
Summary APLD Conditions and demand Compensation Telework Unemployment Pension Individuals employers
[updated on 01 July 2020 to 08h16] Your business will she claim it ? Since this Wednesday, July 1, 2020, the enterprises of the sectors strongly affected by the health crisis, such as automotive and aerospace, will be able to access a partial unemployment new formula : the APLD or activity partial long-term. What is the principle ? Allow these companies to reduce their activity. To learn more, go to the next paragraph. What about the unemployment part-classic, which has been expanded during the epidemic ? Don’t worry, it does not disappear from one day to the next day. From 1 October 2020, however, it will not be as advantageous as today. In fact, the compensation of employees will be reduced to 72 % of net wages, compared to 84 % at the present time . The rest in undertakings, he will be raised to 40 % – compared to 15% since the 1st of June (100% in the containment) . The application procedure will be identical to today. On administrative leave, the employer may receive partial unemployment classic for a period of three months, renewable once. You want to know more about the terms and conditions of technical unemployment long-term ? We will respond to your questions.
The part-time unemployment long-term (APLD), who is it for ?
The companies are allowed to reduce the working time, up to 40%, for a maximum period of two years, in exchange for guarantees on employment. To do this, they will be required to enter upstream a collective agreement of the majority (branch or corporate) . What about small businesses without a shop steward ? The agreement will go through a referendum. Attention, the APLD will not be incompatible with the implementation of a social plan. The employee, to him, will be compensated to the tune of 84% of his net pay . The company, it must bear a still have to charge 15% . Training costs may be supported at up to 80%.
what is partial unemployment classic ? Conditions and application
The activity partial offers support for companies that need to reduce, or even stop their activity for any of the grounds mentioned with article R5122-1 of the Labour Code :
the economic conditions and a disaster or bad weather as “exceptional” ; d es difficulties of supply of raw materials or energy ; the t ransformation, restructuring the company ; any other circumstances of exceptional character.
The employer must make the request on the dedicated website, from the departmental Unit of the Direccte . As a reminder, checks are performed a posteriori. U no false statement is punishable by 2 years imprisonment and 30,000 euros fine. The company fraudeuse will have to repay the sums granted by the State.
The State takes in charge 85% of the compensation paid to employees, within the limit of 4.5 times the Minimum wage, since the 1st of June (100% in the containment). Only certain sectors continue to benefit from a fully supported, 100%, of the activity partial. these include the tourism, hotel, restaurant, catering, sport and cultural . A decree published in the official Journal Wednesday, June 30, confirmed the lowering of the hourly rate of part-time workers since the “June 1, 2020 and until September 30, 2020”. “By way of derogation (…), the hourly rate of the allowance of part-time workers is set at 60% of gross hourly pay (…), limited to 4.5 times the hourly rate of the minimum wage growth”, we read. “(…) The hourly rate of the allowance to part-time workers is set at 70 % for [the sectors of tourism, hospitality, catering, sport, culture, air transport and of the events that are greatly affected by the health crisis]”.
An employee with the package days can it benefit ? All employees are covered ?
” The nature of your contract (CDI, CDD or interim) has no effect “, recalled job center on its dedicated web site. “There is not a condition of service, or terms and conditions related to the type of employment contract (fixed-term contracts, apprentices, CDI, etc), nor of conditions related to the working time of the employee (part-time, full-time) to be eligible for the activity part,” had confirmed the ministry of Labour. The government have broadly reviewed the device during the crisis, so that classes of employees, usually excluded, can benefit : employees in the annual plan, the VRP, the employees of a company which has no establishment in France, “the staff of the companies listed on the national register of enterprises with majority control by the State (RECME)”, and for employees of businesses with electric and gas, used in the conditions of private law.
What about the salary ? What is the compensation partial unemployment ?
Only the employees earning the Smic (CDD or CDI), the employees at Minimum wage part-time and employees in training receive all of their usual remuneration to the part-time unemployment. If you are not in this case, your income will decline . You do not collect your compensation, but compensation. It represents 70% of your gross salary and 84% of your net pay . The premiums, when they are ad hoc, are not included in the calculation of the allowance. Your collective agreement may, in some cases, be more advantageous and raise the ceiling beyond 84%. “ In all cases, a minimum of 8,03 € per hour [off] is respected “, said the ministry of Labour in its document dedicated.
What is the calculation to assess the amount of compensation of partial unemployment ?
A simulator has been made available on the website of the ministry of Labour, here. You will then need to fill in several information : the rate your hourly wage gross , the number of working hours, and length of the working time of your contract (at the time). You get an estimate your gross compensation, , including your share of salary to classic and your allowance, depending on the number of hours not worked.
Who pays what unemployment technical ?
The employer remains in charge of the payment of the compensation . in The government intervenes ex post to pay an allowance to the employer. As an employee, you tap the allowance on the same dates as your salary in normal time . Every month you get a summary, which may be on your payslip. Interviewed by Money Vox, an expert has indicated that the benefit is visible on the salary slip, via a line “ allocation of part-time workers for the hours not worked ” above the line “net payable before taxes on income”. What about the social system that applies to this compensation for partial unemployment ? As stated in the Urssaf on its dedicated web site, the unemployment benefit, partial is not subject to the “contributions and contributions of social Security” , but it is subject to the CSG and the CRDS. A single rate of 6.2% applies to the CSG and 0.5% for CRDS, we were told. Keep in mind that the collection at the source shall continue to apply .
Telecommuting and work… what is it that changes with the partial unemployment ?
can My employer switch me to the part-time unemployment force me to do telework ?
No. As was reasserted by the ministry of Labour, such a practice is akin to the ” illegal “. An employer found guilty of such practices must refund the amounts collected by the State. It is also ” prohibited benefit for a maximum period of 5 years of public assistance in employment or vocational training “, had been provided.
Asked by the magazine Challenges, Muriel Pénicaud has made the point on the first checks carried out on applications of partial unemployment. “Since 22 may, 12 000 (controls, editor’s note) are in the process, 400 of which are triggered in the wake of reports of trade union organizations or employees. We’re also random checks. To date, 3 000 files are closed”, she declared. On these 3 000 files, “1 to 600 are quite correct,” “about 600 have led to adjustments in favor of or against the company” and “we have identified around 850 suspected of fraud”. “We have even initiated four criminal proceedings for fraud”, she completed. “The goal is to achieve 50 000 checks by the end of the summer,” said the minister.
I’m unemployed technical, then I worker for another company ?
The activity partial does not break or amendment of your contract of employment, but its only suspension. This means that you stay linked to your employer. If in principle there is nothing to stop you working for another company in the working hours, it must adhere to the principle of loyalty vis-à-vis his employer, which follows from article L1222-1 of the labour Code . This means that you must notify your employer if you start another activity during this period. You can not work for a competitor, if your employment contract contains a non-competition clause. It is more than imperative that you put the hand on your work contract to avoid any dispute with your employer.
That changes the partial unemployment for the purpose of calculating my unemployment benefits ?
Your business is currently in operation partial, and your contract ends soon ? A period of unemployment is not without impact on the calculation of the allowance for the return to employment (ARE). Interviewed by The HuffPost, a lawyer specialist in labour law indicates that this is the compensation of partial unemployment, which should serve as the basis for the calculation of the amount of your unemployment benefit .
Who will benefit from the support of the training in part-time unemployment ?
help with the training of the national Employment Fund (“FNE-Training”) is adapted in this period of confinement related to the health crisis of the sars coronavirus. It can now be requested by businesses for their employees to partial unemployment. Attention, young people in apprenticeships or professionalization are excluded from the device . In detail, the State will support “100% of the costs” .
You wonder about the training eligible for the scheme ? Good news, they are all, including the shares of validations of acquired experience and the skills assessments, with the exception of mandatory training. It can be ” a title or degree professional purpose registered in the national directory of professional certifications, a qualification that is recognised in the classifications of a national collective agreement of branch or a certificate of professional qualification “. These training courses will of course be compatible with the respect of the rules of containment .
part-time Unemployment, and retirement : what about my rights ?
The minister of Labour announced to the senators in may that it would submit to the Council of ministers ” a legislative provision that will allow for the acquisition of the rights to the basic pension during periods of activity partial “. Until now, the activity partial not allowed to open pension rights (read below). “Up here it had little importance since the activity partial was little used, for short periods of time, and therefore it is not penalized by the concerned parties,” said Muriel Pénicaud before the Senate. “We are in a situation to be quite exceptional (…)”.
as a reminder, the unemployment allowance is not subject to social contributions, and does not, therefore, rights, in contrast to a period of unemployment classic. Until now, the subject was not a cause for concern, at least for employees with a contract of indefinite duration. “As much as reassure : for most employees, the consequences on the retirement of a few weeks of partial unemployment will be non-existent or weak “, ” explained and Dominique Prévert cabinet Optimaretraite in the World. As a reminder, you must have paid contributions on the basis of 600 hours of Smic to acquire 4 quarters . In this respect, a salary of 6 090 euros earned on the year 2020 is enough. The equation may, however, be complicated if the unemployment is prolonged, and especially for employees with short-term contracts.
In this context, many trade unions fear that many employees lose the quarters. “If it lasts six months, we are going to have a problem”, because “it’s going to play on the downgrade end of a career,” was said Dominique Corona, of the Unsa, to the AFP. Several trade unions were of the view that it is therefore more than necessary that this period be taken into account, and can provide the quarters. “It is not yet in the danger zone, but it will be necessary to reconsider the issue,” underlined Frédéric Sap, of the CFDT, to the AFP. “The effect quarters could become important,” especially for “those who make small volumes and schedules, as the aid in the home”.
How about high income ? They are, a priori, to the shelter. In fact, since the 1st of may, part-time unemployment benefits beyond 3.840 euros net per month are subject to contributions, which automatically creates of pension rights. On the side of the supplementary pension, if an employee of the private sector is set to short-time working more than 60 hours per year, the Agirc-Arrco can be assigned points, which “is more to the highest income”, is the note of the Alpha Group.
And the employees at home ?
