the UNEMPLOYMENT PART. Paid leave, seasonal work, teleworking… You wonder about what it is possible to do or not during this summer period ? It explains everything.
Summary tele-working, working and vacation Conditions and demand Compensation Retirement Unemployment APLD
[updated 20 July 2020 15.25] many companies are turning, even today, at idle, due to the health crisis of the sars coronavirus. You are part of the employees which the company uses to partial unemployment ? As a reminder, this device allows the payment of an allowance in lieu of salary, which represents 84% of your net pay. From 1 October 2020, however, the part-time unemployment classic will no longer 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. A new device activity partial long-term is entered into force, in parallel, on 1 July 2020. It enables a company to reduce the activity, while maintaining the jobs. To learn more, go here.
Teleworking, work and leave… That is what is possible with the partial unemployment ?
I’m still at the part-time unemployment, and then I worker for another company ?
part-time unemployment, your employment contract is only suspended. This means that you stay linked to your employer. If, in principle, nothing precludes that you are working for another company this summer to working hours, you must adhere to the principle of loyalty vis-à-vis your employer, which follows from article L1222-1 of the labour Code . This means that you must notify 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.
note : whatever your situation, you will also need to ensure that it does not exceed the maximum working time allowed (10 hours per day – with the except -, or 48 hours a week). “In the case of overlapping job, the employee is paid the allowance activity partially paid by his employer usual and the salary received at other employer”, says one on the site service-public.fr.
My employer can force me to make telework part-time unemployment ?
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.
I’m still at the part-time unemployment, and then I go on vacation this summer ?
Yes, don’t worry. The activity is partial does not result in the modification of your contract of employment, but its only suspension. You keep your rights to paid leave. “The working hours are taken into account for the calculation of the rights to paid leave,” recalls as an indication the site service-public.fr. Beware, however : keep in mind that, since the order of march 26, 2020, your employer may require you to have periods of time during which you can take leave.
“in Order to cope with the consequences of economic, financial and social the spread of the covid-19, (…) a company agreement, or, failing that, a branch agreement can determine the conditions under which the employer is authorised, within the limit of six days of leave and subject to a period of notice which can not be reduced to less than one clear day, to decide that taking days of paid leave acquired by an employee, including before the opening of the period during which they were normally intended to be taken, or to unilaterally change the dates of taking paid leave”, is it stated in article 1. “The agreement (…) can allow the employer to split the holidays without being required to collect the agreement of the employee and to fix the dates of the holidays without being required to grant a leave of absence concurrent with spouses or partners bound by a civil pact of solidarity working in his company. The period of leave imposed or changed under this section may not extend beyond 31 December 2020”.
The part-time unemployment classic, how does it work ? 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 economy éeconomic and a disaster or bad weather as “exceptional” ; d es problems with the 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]”.
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 compensation of partial unemployment 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 .
part-time Unemployment, and retirement : what about my rights ?
The executive announced in the month of may that he was going to present ” a legislative provision that will allow for the acquisition of the rights to the basic pension during periods of activity partial “. “Up here it had little importance since the activity partial was little used, for short periods of time, and therefore it is not penalized, not the people concerned,” explained 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 open therefore not rights, unlike udoes unemployment period 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.
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 .
The part-time unemployment long-term (APLD), who is it for ?
