the UNEMPLOYMENT TECHNIQUE. The amount of compensation paid to employees which the company employs the part-time workers may very well decrease. An update on what we know of the future of the part-time unemployment.

Summary What has changed since June 1, New device Requirements and application Framework, package days Pay Work and telework Training, and unemployment Leave paid Special Retirement employers

[updated 11 June 2020 at 14h31] What will be the maximum amount of support ? What are the prerequisites ? The volume of compensation of employees ? The questions on the future of the part-time unemployment, and the new device that should see the light of day on the 1st July, are many. As a reminder, the technical unemployment, said “classic”, now allows companies forced to reduce, or even stop their activity, to pay compensation to their employees, a portion of which is supported by the State. It has been adapted since mid-march, to extend the number of beneficiaries. Since the 1st of June, it was revised in order to foster recovery and limit the cost of this measure, already considerable, for the coffers of the State (read more below), via a decrease of the support of the authorities. Another plan of part-time workers, called “reduced activity for continued employment” must, therefore, take up the slack. According to the information of the newspaper The Echoes, multiple tracks are already on the table for the standard system and the new, you said :

The compensation received by the employee, in the framework of partial unemployment classic, could be reviewed downwards : it would represent only 60% of the net salary, compared to 84% at the present time. Note : this rate could increase “with the amount of time spent in part-time workers,” said the economic daily. The support of the State, it also would decrease : 60% also. As a reminder, it reached 100% in the limit of 4.5 times the Minimum wage in the framework of the health crisis, a part which has been revised to 85% since the 1st of June. The social security contributions, they would be reintroduced. The mechanism of reduced activity for the maintenance of the employment could last for four semesters : it can only be done by agreement or unilateral decision of the management. In other cases, counterparties will be required to preserve jobs. According to the information daily, the ministry suggests that the aid would be higher than those granted in the framework of the unemployment technique. “Instead of firing, while the world remains and is lower part-time work and the State, through the activity part, compensate for a loss of purchasing power, so that the employees are not losing , and that the company can continue to keep the skills [through negotiation in business]”, he explained Muriel Pénicaud.

The president of the Medef, has called for Thursday, figures “reliable” on the part-time unemployment prior to any revision of the device, reports the AFP, the government has communicated during the crisis on the number of requests and not the number of people actually covered by this mechanism. For his part, Laurent Berger of the CFDT considers that the revision of the partial unemployment must not lead to a decline of support for the employees. “If it is question of lowering the support for the workers in the weeks and months to come, this is folly!”, he indicated at a “great debate” organized by the Association of journalists of social information (Sjia). “This will be socially extremely brutal, completely counter-intuitive with the idea of the revival of consumer spending we are talking about these days”.

What is-what has changed since the 1st of June ?

The government has decided to adapt the device, very expensive for the coffers of the State. Very specifically, the level of support of the State, at 100% since the beginning of the crisis, has risen to 85%. If you are an employee, the amount of your allowance is not intended to decrease. It is up to the employer now pay 15% of the compensation. Only certain sectors continue for the time being to benefit from a fully supported, 100%, of the activity partial. Are concerned, the undertakings referred to by an official ban. This decision refers to the decree of march 15, 2020 supplementing the order of 14 march 2020. In a press release, 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. Thus, they have received an indemnity from their employer representative 84% of net wages, compared to 90% of their net salary in a off. Since 11 may, the schools have reopened in a phased manner. At the microphone of France Inter, the minister of Labour had indicated that parents who need to keep their children will continue to receive partial unemployment in the month of may. Since June 1, he est now 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 is not 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 will look like the new part-time unemployment “specific” ?

reduced Activity for continued employment. This is the name of the device that should take over from the part-time unemployment, as of July 1, and that is the subject of intense discussions with the social partners. It follows the adoption of an amendment to the Parliament during the consideration of the draft law on “urgent provisions to address the epidemic of Covid-19”. In detail, the text of the law provides that companies have the opportunity to create a “plan 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”.

“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 the minister of Labour. Concretely, 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”, she continued. What about the employees ? It should see a decrease in their income, as in the framework of technical unemployment current, they will be compensated.

What about the terms of that specific device ? The decree has not been published. The consultation with the trade unions and the employers this week should allow us to see more clearly. If we rely on the recent statements of the minister, the negotiations within firms should be the preferred scenario for establishing such a device. According to Les Echos, the applications of activity partial specific may be sent to the ministry of Labour until the June 30, 2022 . No detail has been disclosed regarding the amount of support or funding for this device.

The part-time unemployment, how does it work ? Conditions and application

Activity partial, partial unemployment, technical unemployment… You emmêlez always brushes ? 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 employer, and he alone, is in charge of the request on the dedicated website, “ from the departmental Unit of the Direccte” , rappellait the ministry of Labour on its website. The consultation with the CSE is no longer necessary. It must, however, be consulted a posteriori. “ If within 48 hours you do not have an answer, your request for a partial unemployment is accepted , ” had said 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 compensation, 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 modernization of the 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 in prison and 30 000 euros fine. The company fraudeuse will have to repay the sums granted by the State.

An employee at 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 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, 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 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 at the ch&being limited to the mage technique, 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 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.

What about the employees home, and individuals-employers ?