II) From May 1st, 2020: compensation of employees by the implementation of the partial activity system (activité partielle)
Law n ° 2020-473 of April 25th, 2020 of amending finances for 2020 was published in the official journal on April 26th, 2020 and provides for the transition to the partial activity system for employees compensated in particular for a work stoppage for child care. [13] Explanations in detail.
1) Employees eligible for change to the compensation scheme
Confirming the announcements of the Ministry of Labor, Article 20 of Law No. 2020-473 specifies that employees in private law who are unable to continue working for one of the employees are placed in a position of partial activity. following reasons:
- The employee is a vulnerable person at risk of developing a serious form of infection with the SARS-CoV-2 virus;
- The employee shares the same domicile as a vulnerable person;
- The employee is the parent of a child under the age of sixteen or of a person with a disability who is the subject of an isolation, eviction or home support measure.
Consequently, the self-employed workers, civil servants and contract agents under public law will continue to benefit from the work stoppage system (see I).
2) What device implemented? What steps should the employee take?
As of May 1st, the law specifies that employees in the aforementioned situations will receive the partial activity allowance, even if they do not meet the criteria provided for in article L.5122-1 of the Labor Code.
As a reminder, this article specifies that “are placed in a position of partial activity, after express or implied authorization from the administrative authority, if they suffer an attributable loss of remuneration:
-or the temporary closure of their establishment or part of establishment;
- or to the reduction of the working hours practiced in the establishment or part of establishment below the legal working time. "
The law n° 2020-473 of April 25, 2020 by excluding the conditions of article L.5122-1 of the Labor code, would it also dismiss the authorization of the administrative authority?
The ministry of work (ministre du Travail), specified in its press release that this compensation for the partial activity would be done "under the same conditions as for the companies which undergo a fall of activity. "
Under these conditions, the transition from the compensation scheme for work stoppages to the partial activity scheme should take place automatically, without any particular action on the part of the employee or the employer.
These elements should nevertheless be specified by decree in the coming days.
3) Date of triggering of the device and duration
The law is clear, it will apply from May 1, 2020 "regardless of the date of the start of the work stoppage."
The duration is however different according to the categories of employees concerned:
- For vulnerable employees and employees living with a vulnerable person: the duration of compensation under the partial activity scheme applies until a date fixed by decree and no later than December 31, 2020.
- For employees who are parents of a child under the age of 16 or of a person with a disability: the partial activity system will apply for the entire duration of the isolation, eviction or maintenance measure at home concerning their child.
The law provides that the modalities of application of the article will be defined by regulatory means, the decrees will also have to specify the modalities of compensation of employees receiving the minimum wage in accordance with the announcements of the Ministry of Labor.
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Frédéric CHHUM avocat et membre du conseil de l’ordre des avocats de Paris (mandat 2019-2021)
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