UNEMPLOYED PART-CORONAVIRUS. In order to support the recovery of economic activity, the government has revised the scheme of part-time workers, also called technical unemployment. An update on what has changed.
Summary Until when ? Reduced activity Definition Pay Work and telework Training, and unemployment paid Holidays Retirement Employees home
[updated June 04, 2020 at 15h42] Shops open, restaurants and terraces filled… economic activity is gradually picking up in france since the 11th of may, the date chosen by the government to initiate the déconfinement. What about on the other hand the unemployment technique that has benefited by several hundreds of thousands of businesses ? As a reminder, it allows companies forced to reduce, or even stop their activity, to pay a portion of which is supported by the State. The device of part-time workers has not disappeared from one day to the next day. On the other hand, it has been adapted since the 1st of June, in order to encourage the recovery and limit the cost of this measure, already considerably to the coffers of the State. Here are the main points that have evolved, or not, since last Monday :
The rate of support for the State is increased from 100% to 85% : if you are employed, the amount of the allowance does not change. For the employer, on the other hand, it must now take charge of 15% of the compensation of its employees. Only certain areas , who can not resume completely resume activity and the list of which has yet to be specified by decree, will still be able to benefit from a full support of partial unemployment. Among these sectors, there should logically find the hotel, catering or culture. ceiling support, set at 4.5 times the Minimum wage remains unchanged
What about the companies in big trouble ? A specific device is intended to be implemented. We explain in our article dedicated to the part-time unemployment.
That became the part-time unemployment since the 1st of June ?
The part-time unemployment has not stopped abruptly last Monday. The compensation of employees will not decline in the coming weeks . On the other hand, it is well question to adapt the system in order to decrease the support of the State. How that will occur ? An ordinance was adopted by the Council of ministers allowing that activity partial can be requested for a job , and not only at the collective level.
We speak of part-time unemployment, individual . Attention, it is subject to a company agreement or a notice of the CSE . In practical terms, this means that a part of the workforce of the company will be able to resume the work, while the other will remain at the technical unemployment. Goal, allow companies to adapt their activity to the economic recovery.
Another aspect : the support rates of the State. Until now, the State took over 100% of the compensation of employees in partial unemployment, in the limit of 4.5 times the Minimum wage. This level must be lowered to 85%. This measure should be effective from June 1, 2020. The implementing decree has not yet been published.
Who can benefit from partial unemployment to 100% in June, and after ?
Some sectors continue to enjoy full support of the activity partial. But what, then, are the sectors concerned ? Only companies that are affected by a prohibition administrative, will benefit from “the time that it will take”, had said Muriel Pénicaud as a first time. This statement referred to the decree of march 15, 2020 supplementing the order of 14 march 2020. It will list all of the institutions which must be closed, such as museums, restaurants and clubs, is found to be non-essential to the life of the Nation. You can find the complete list on the site Vie-publique.fr.
In a statement, the ministry of Labour had specified that this measure was “the sectors that are the subject of legislative restrictions or specific regulatory because of the health crisis”. These include the tourism, hotel, restaurant, catering, sport and cultural .
I guard my children, what has changed for me ?
Since may 1,, employees off work for child care , as well as those in the stop because vulnerable , have been put on technical unemployment. Goal, to avoid a strong decrease of their salary. They will, therefore, receive compensation from their employer representative 84% of the net salary for the month of may, compared to 90% of their net salary in stopping the last month.
at the Meeting last Tuesday, Édouard Philippe has proposed a “re-opening very progressive” of primary and elementary schools as of may 11, “around the territory, and volunteer “, and with 15 students maximum per class. At the microphone of France Inter, the minister of Labour had indicated that parents who need to keep their children pourront continue to receive partial unemployment in the month of may. Since June 1, it is necessary to obtain a certificate from the school attesting that he or she cannot accommodate your child . The executive considers that in June, the concept of volunteering will be a priori more valid. In the absence of proof, you will not be able to receive partial unemployment . Thus, you will be forced to ask days of leave with or without pay to care for your children.
what is the device activity partial “specific” to the companies in reduced activity ?
The Senate voted on a complementary amendment during the consideration of the draft law on “urgent provisions to address the epidemic of Covid-19″. Adopted may 28, 2020, it is anticipated that the companies have the possibility of introducing a regime of activity partial specific subject of the conclusion of a collective agreement or of the development of a plan of reduced activity for continued employment”. Objective, allow a recovery to be extremely progressive in some sectors severely affected by the health crisis, such as aerospace and automotive.
“It seems to us necessary to put very quickly new devices for the preservation of the employment and skills which will allow these companies to adjust production capacity to the decline in function of the application, to limit the social and economic costs while preserving jobs,” was thus explained to Muriel Pénicaud. In sum, companies faced with an activity that is reduced will decrease by agreement with the trade unions working time, moderate wage, provided that it maintains fully the job, with help from the State which will complement to make up a portion of the loss of purchasing power,” said Muriel Pénicaud. There would therefore be a partial loss of income for the workers concerned by this reduced activity, the State is not committing itself to compensate for that part of the loss.
What about the terms of that specific device ? The decree has not been published for the time being. According to The Echoes, there are two scenarios on the table :
Is a negotiation with a company agreement with the trade unions: the implementation of a “plan of reduced activity for the maintenance of employment” by the management unilaterally. In this case, the controls of the Direccte will be strengthened to ensure the adequacy of the measures taken by the company and the economic reality.
according to the economic daily, the applications of activity partial specific may be sent to the ministry of Labour until June 30, 2022 . No detail has been disclosed regarding the amount of support or funding for this device.
how does partial unemployment is there ?
Activity partial, partial unemployment, technical unemployment… You emmêlez always brushes ? Keep in mind that these three concepts refer to the same device State. It allows you to support the companies that need to reduce, or even stop their activity for any of the grounds referred to the 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 a circumstance of exceptional nature .
The employee has no course of action. His employer, and he alone, is in charge of the request on the dedicated website, “ from the departmental Unit of the Direccte of which it is geographically its establishment”, says the ministry of Labour on its website. For the month of march, the companies have until 30 April to submit their request . The consultation with the CSE is no longer necessary. It must, however, be consulted a posteriori. His notice transmitted to the authority within two months. “ If within 48 hours you do not have an answer, your request for a partial unemployment is accepted “, had been recalled by Muriel Pénicaud at the beginning of the crisis . Asked about the reimbursement process for businesses, she said that they were ” 7-10 days “.
When a company uses part-time unemployment, the employment contract of the employee is suspended. Therefore, they do not receive more normal pay, but a payment, which is paid by the employer. The latter perceives only the allocation of the State in a second time. This allowance is limited to :
1 000 hours per employee per year regardless of the professional branch, or 100 hours per employee per year if the activity in part is due to work of modernisation of buildings and facilities of the company
A company may be denied its claim of technical unemployment. The Direccte verifies: “ if the business is closed, if the activity has dropped sharply or if health conditions have not been met to make it work for employees , ” said Gérald Darmanin in an interview in Paris. As a reminder, checks will be carried out 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.
An employee with the package days can it benefit ? All employees are covered ?
Keep in mind that ” the nature of your contract (CDI, CDD or interim) has no effect “, as recalled by 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 in this period of crisis, so that some categories of employees are usually excluded, can benefit. You summarizes the categories that have been included :
employees in the annual plan, as the plan day : they may now be eligible, including ” in case of reduction of working hours and in case of total closure of the establishment “, one can read in the dedicated document of the ministry of Labour. 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) the employees of The companies of electric and gas, used in the conditions of private law That becomes my 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 will receive the full of their usual remuneration to the part-time unemployment. If you are not in this case, your income will decline . In fact, you do not collect your normal pay but a allowance when you are at the part-time unemployment. It represents 70% of your gross salary and 84% of your net pay, which is supported by the State within the limit of 4.5 times the Minimum wage through the decree of 26 march (4 607,82 euros net per month). Beyond this ceiling, the difference is the responsibility of the company .
Attention : it is important to understand that this is the part-time unemployment, which will be supported by the State and not 100% of your compensation . Keep in mind that 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 “, indicates the ministry of Labour in its document dedicated.
How to calculate his or her compensation for partial unemployment ?
You want to know the impact of a period of activity in part on your salary ? A simulator has been made available on the website of the ministry of Labour, here . You will then need to fill in several information :
Rate your hourly wage gross , The number of working hours, length of the working time of your contract (at the time).
You will get an estimate of your gross pay, 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, one expert stated that the compensation will be visible on the salary slip, via a line ” allocation of part-time workers for the hours not worked “, which will be located at the top of the line “net payable before taxes on income”. So take care to read your pay slip.
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 .
Work and telework… That changes 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 to the AFP, such a practice is akin to the ” illegal “. An employer found guilty of such practices will have to refund the amounts collected by the State. It will also be ” prohibited benefit for a maximum period of 5 years of public assistance in employment or vocational training “, a-t was specified.
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, taking of course into account the limitations of displacement as a result of the epidemic . Have in mind that 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.
to change the part-time unemployment benefit training and unemployment benefits ?
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 .
What has become of my rights to paid leave and unemployment technical ?
The draft of emergency law has somewhat revised the law Code of the work in the area. An agreement of the company or branch will eventually be required to permit an employer to impose a week of paid leave to an employee during the confinement period. Subject to agreement, the device, therefore, will deviate from the one month period set by the labour Code to allow companies to change the dates of paid holidays .
the text of The law leaves the opportunity for companies, unilaterally, to impose or change the dates of RTT or days of the account-savings-time , in derogation from the time limit. Therefore, it is imperative that you take the time to read your payslip to ensure you What your rights are when you are actually unemployed technical ? Don’t worry, you continue to acquire rights to paid leave.
part-time Unemployment, and retirement : what is it that is changing ?
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’s cabinand 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.
Any device for employees in the home and childminders ?
Since the 30th of march, a device equivalent to the part-time unemployment has been implemented. In detail, it allows that “80% of the salary” to be paid . You are used at home and you wonder about the terms ? In detail, it is up to your particular employer to make an advance payment for . He must declare the hours that you have performed as well as those that were planned but not achieved, with the corresponding remuneration. He must then pay 80% of the net amount of the hours not worked. The State should refund the sum in 15 days .
For those who use the paper form, a form must be sent by mail. “Even if there is no written employment contract, the employer and the employee agree and plan in the beginning of the month the timing of interventions and the number of hours to complete. It is on this basis that the employer can determine the number of hours not realized,” says the Urssaf on its dedicated web site.
You are off work due to sickness for child care ? Attention, you can not take advantage of compensation outstanding part-time unemployment . “The employer must still report the hours worked prior to the shutdown and pay the corresponding compensation”, we read. For individuals who go through “platforms of jobbing”, that offer odd jobs on the Internet, they must “make their statement, as usual on their platform and then complete the complementary form on the platform of the Cesu or Pajemploi for the hours not worked”, a-t-is shown.
Guest to the microphone of RTL, the minister of the Action and of the public accounts is income on the employees at home. It has stated that “361 000 employees working in their homes” have benefited from the scheme part-time workers since the beginning of the health crisis. “We created it from scratch at the request of the president of the Republic, and it will continue” until the 1st of June as for the other employees , he said. In total, 76 million euros were paid in the month of march for this specific system to employees at home, said the ministry to the AFP.
