CORONAVIRUS AND JOB RETENTION - Cabinet GOLDWIN - Avocat Paris
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CORONAVIRUS AND JOB RETENTION

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CORONAVIRUS AND JOB RETENTION

SOCIAL MEASURES IN THE ERA OF THE CORONAVIRUS

THE WORK STOPPAGE

Are concerned Parents of children under 16 years old, for whom telework is not possible and whose other parent cannot take care of the child
Procedure

– The employer declares the employee’s work stoppage after having asked him/her for a certificate on his/her honor indicating that he/she is the only parent to request the benefit of this procedure;

– The employer then transmits the information necessary for the payment of the daily allowance according to the usual procedure applicable to sick leave.

 

TELETRAVAIL

 

The following are concerned

 

Jobs whose organization allows for telecommuting

 

 

Procedure

 

In the event of an epidemic, the implementation of telework can be considered as a workstation adjustment and does not require the employee’s agreement.

 

 

 

EMPLOYEES AT WORK

 

The following are concerned

 

Employees whose job is essential to the nation and whose telework is not possible.

Obligations of the employer

– Companies subject to a closure order (order of 15 March 2020);

– Companies in which the implementation of telework is not possible and the activity is reduced because of the coronavirus.

– employees with a fixed-term contract only benefit from this system in case of total closure of the establishment or part of the establishment to which they belong and not in case of reduction of the working hours usually practiced in the establishment.

– the prior express agreement of employees with a staff representation mandate must be obtained.

Procedure

– The employee must take the certificate provided by the government;

– The employer must also proceed to the attestation provided by the government.

 

PARTIAL ACTIVITY

 

The following are concerned

– Companies subject to a closure order (order of 15 March 2020);

– Companies in which the implementation of telework is not possible and the activity is reduced because of the coronavirus.

– employees with a fixed-term contract only benefit from this system in case of total closure of the establishment or part of the establishment to which they belong and not in case of reduction of the working hours usually practiced in the establishment.

– the prior express agreement of employees with a staff representation mandate must be obtained.

Procedure

– Consultation of the CSE, or in the absence of a CSE, information of the employees;

– Request for authorization in a dematerialized way on the dedicated portal: https://activitepartielle.emploi.gouv.fr/aparts/;

– 30 days to file the request, 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 application (the government has instructed that applications related to the coronavirus should be processed as a priority, i.e. within 48 hours);

– Informing the CSE of the decision;

– In case of authorization, dematerialized request for compensation to the ASP (agency of services and payment) under the partial activity allowance.

 

 

 

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For any questions, you can contact the Goldwin office at 01.45.33.50.73.

 

Jonathan BELLAICHE Elodie JEGOUIC

Associate Lawyer Associate Lawyer

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