SOCIAL MEASURES IN THE ERA OF CORONAVIRUS
WORK STOPPAGE
| Are concerned | Parent of children under 16, for whom teleworking is not possible and whose other parent cannot assume custody of the child |
| Procedure | – The employer declares the employee’s work stoppage after asking him for a sworn statement indicating that he is the only parent requesting the benefit of this procedure; – The employer then transmits the elements necessary for the payment of the daily allowance according to the usual procedure applicable to sick leave. |
LE TELETRAVAIL
| Are concerned | Jobs whose organization allows teleworking
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| Procedure | In the event of an epidemic, the implementation of teleworking can be considered as a workstation adjustment and does not require the employee’s agreement. |
EMPLOYEES AT WORK
| Are concerned | Employees whose jobs are essential to the nation and for whom teleworking is not possible . |
| Employer Obligations | – Companies subject to a closure order (order of March 15, 2020); – Companies in which the implementation of teleworking is not possible and activity is reduced due to the coronavirus. – employees on a fixed-rate contract only benefit from this system in the event of total closure of the establishment or part of the establishment to which they belong and not in the event of a reduction in the working hours usually practiced in the establishment. – the express prior consent of employees with a staff representation mandate must be obtained. |
| Procedure | – The employee must have the certificate made available by the government; – The employer must also provide the certification made available by the government. |
PARTIAL ACTIVITY
| Are concerned | – Companies subject to a closure order (order of March 15, 2020); – Companies in which the implementation of teleworking is not possible and activity is reduced due to the coronavirus. – employees on a fixed-rate contract only benefit from this system in the event of total closure of the establishment or part of the establishment to which they belong and not in the event of a reduction in the working hours usually practiced in the establishment. – the express prior consent of employees with a staff representation mandate must be obtained. |
| Procedure | – Consultation of the CSE, or in the absence of a CSE, information of employees; – Request for authorization electronically on the dedicated portal: https://activitepartielle.emploi.gouv.fr/aparts/ ; – 30-day deadline to submit your application, with retroactive effect (government press release of March 16, 2020); – Response from the administrative authority within 15 days, and in the absence of a response, implicit acceptance of the request (the government has given instructions to process requests related to the coronavirus as a priority, i.e. within 48 hours); – Information of the decision to the CSE; – If authorized, electronic request for compensation to the ASP (services and payment agency) under the partial activity allowance. |
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Jonathan BELLAICHE Elodie JEGOUIC
Associate Lawyer Associate Lawyer
