的 French government has allowed the recourse to temporary unemployment (chomage技术 or chomage partiel) for employees so as to prevent mass layoffs during the 冠状病毒 confinement measures adopted in France as of 17 March 2020.
This article aims to reply to the main questions regarding temporary unemployment schemes under French law during the COVID-19 confinement measures.
Employers need to make an online request for the temporary unemployment of their employees with their department’s DIRECCTE office via the following website: http://activitepartielle.emploi.gouv.fr.
的 request needs to clearly indicate that temporary unemployment is due to the 冠状病毒 outbreak and employers need to specify how the epidemic has impacted their business and if the work of all or only some employees is totally or partially suspended.
Temporary unemployment requests submitted to DIRECCTE usually need to be accompanied by the prior approval of the company’s Economic and Social Committee (社会与经济委员会 (CSE))，适用于员工超过11人的公司.
然而, 在COVID-19爆发之后, ordinance n°2020-325 of 25 March 2020 allows companies to submit the CSE’s approval within two months following the request for temporary unemployment due to the 冠状病毒 crisis.
无论如何, companies without employee representatives must directly inform their employees of the temporary unemployment scheme.
Temporary unemployment can be requested for employees with a work contract, even when they are on probationary period (and the 冠状病毒 crisis cannot justify termination of the probationary period).
This means that company directors who do not also have a work contract cannot benefit from temporary unemployment.
请病假超过30天的员工, should also be able to benefit from temporary unemployment if they are able to return to work during the 冠状病毒 confinement measures, even if the mandatory medical visit cannot occur throughout such period. Employees on sick leave during the confinement measures can however not cumulate social security benefits and temporary unemployment.
除了, individuals with non-salaried occupations in the “VRP” category Vendeur, reprassentant和Placier) may also exceptionally benefit from the temporary unemployment scheme 在某些条件下.
根据临时雇用计划, employers are required to pay employees 70% of their gross salary per hour, 相当于他们每小时净工资的84%. 这个金额不能低于8欧元.3欧元/小时或超过31,97欧元/小时.
Temporary unemployment pay must clearly be mentioned in the employees’ pay slip, 这是在通常的付款日期到期的.
支付给员工之后, the employer is required to request reimbursement on a monthly basis. Requests must be made within 1 year following the termination of the temporary employment period. 的 代理服务和付款是法国的一个行政机构，负责向雇主付款.
Can employers force employees to take paid leave during temporary unemployment?
Paid leave is the management decision of each employer that must follow a certain procedure. 然而, 在某些条件下, ordinance 2020-323 of 25 March 2020 allows employers to force employees to take paid leave for up to 6 working days without following the usually applicable procedure.
无论如何, employers and employees can agree on taking paid leave – even early paid leave – before requesting temporary unemployment.
In the event of dismissal of an employee before the 冠状病毒 confinement measures were adopted, the temporary unemployment request does not impact the duration of the notice period. 的 duration of the notice period can only be amended by agreement between the employer and the employee.
除了, temporary unemployment should not impact the amounts due to the employee that has been dismissed.
How to initiate a dismissal procedure during 冠状病毒 confinement measures?
Employees can be dismissed during the 冠状病毒 confinement measures due to personal motives : professional or physical inadequacy, 拒绝修改劳动合同的, 不当行为……
根据第L条. 法国就业法第1232-2条, employers are required to invite the employee to a meeting prior to the termination notice. 如果员工不参加会议, employers can pursue the procedure and give the official termination notice. 无论如何, not attending the meeting cannot be considered as a valid ground by the employer to lay-off an employee.
在冠状病毒隔离措施的背景下, 员工可以要求推迟此类会议, 须经雇主事先批准, 除非合同另有规定(卡斯. Soc.， 2001年11月28日，第99-46号.031).
If such meetings can validly be held by videoconference remains yet to be confirmed by the French supreme court, 尽管一些下级法院已经确认了这种方法. 然而, please note that a preliminary dismissal meeting cannot validly be held by telephone (Cass. Soc.1991年11月14日第90-44号决议.195).
本文仅供参考之用. It is not a substitute for legal advice addressed to particular circumstances. You should not take or refrain from taking any legal action based upon the information contained herein without first seeking professional, 根据你自己的情况提供个性化咨询. 的 hiring of a lawyer is an important decision that should not be based solely upon advertisements.
信息由ALARIS AVOCATS提供, English speaking lawyers in France (Paris) specialized in French labor law, 尤其是各种社会计划, 解雇程序及劳动合同条款.