By Nicolas Lepetit, Partner
La , promulgated on March 23, 2020, authorized the Government to take by ordinance, within three months, any measure (which may enter into force, if necessary, from March 12, 2020), in order to deal with the economic consequences, financial and social aspects of the spread of the Covid-19 epidemic.
Pursuant to this law, 25 orders were issued on March 25, 2020 and published in the Official Journal the next day, March 26.
Three of these orders had been presented the day before by the Minister of Labor.
THEOrdinance No. 2020-322 temporarily adapting the terms and conditions for the allocation of the additional compensation provided for in Article L. 1226-1 of the Labor Code and modifying, on an exceptional basis, the deadlines and terms of payment of the sums paid under the 'profit-sharing and participation
Notwithstanding the provisions of Article L. 1226-1 of the Labor Code, and until August 31, 2020, theadditional allowance owed by the employer in addition to daily allowances paid by Social Security (IJSS), is paid to employees in work stopping :
⮞ No seniority condition (in principle, employees must prove that they have worked for at least one year);
⮞ Even if the employees have not justified their incapacity within 48 hours;
⮞ Even if they are treated outside French territory or another state of the European Union or the European Economic Area;
⮞ Including for employees working at home, seasonal employees, intermittent employees and temporary employees (although they are in principle excluded from this system).
In addition, by way of derogation from the provisions of the Labor Code governing the payment of sums due under the Participation Challenge or theprofit and the contractual stipulations applicable in the company, the deadline for payment to beneficiaries or allocation to an employee savings plan or a blocked current account of the sums allocated in 2020 under a profit-sharing or participation plan East postponed to December 31, 2020.
THEOrdinance No. 2020-323 laying down emergency measures with regard to paid holidays, working hours and days of rest
A - On paid leave and days of rest
Notwithstanding the current legal provisions as well as the contractual provisions applicable in the company, the establishment or the branch, a company agreement or, failing that, a branch agreement can:
⮞ Determine the conditions under which the employer is authorized, within the limit of six days leave and subject to respecting a notice period which cannot be reduced to less than one clear day, to be decided on taking paid days off acquired by an employee (including by anticipation), or unilaterally change dates taking paid vacation;
⮞ Authorize the employer to split leaves without being required to obtain the employee's agreement and to set the dates of the leave without being required to grant simultaneous leave to spouses or partners linked by a PACS working in his company.
When the interests of the company justify it in view of the economic difficulties linked to the spread of Covid-19, and by derogation from the legal and contractual provisions for the organization of working time, the employer may, subject to respecting a notice period of at least one clear day, and within the limit of 10 days rest :
⮞ Impose the taking, on dates determined by him, of conventional days of rest (of the type RTT) at the choice of the employee acquired by the latter, and unilaterally modify the dates on which these days of rest are taken;
⮞ Decide on taking, on dates determined by him, days of rest provided for by a package agreement, and unilaterally modify the dates for taking these rest days;
⮞ Impose that the rights affected on the time savings account of the employee are used by taking days of rest, the dates of which he determines.
The period of paid vacation and taking days of rest imposed or modified by the employer may not extend beyond the December 31, 2020.
B - On the working time
In companies falling within sectors of activity particularly necessary for the security of the Nation and the continuity of economic and social life (determined by decree) and, where applicable, by derogation from the applicable contractual stipulations:
⮞ The maximum daily duration work can be worn up to 12 hours (instead of 10);
⮞ The maximum daily working time performed by a night worker can be extended to 12 hours (instead of 8), subject to the granting of compensatory rest;
⮞ The daily rest duration can be reduced up to 9 consecutive hours (instead of 11), subject to the allocation of compensatory rest;
⮞ The maximum weekly duration can be worn for up to 60 hours (instead of 48);
⮞ The weekly working time calculated over any period of twelve consecutive weeks can be extended up to 48 hours (instead of 44);
⮞ The weekly working time of a night worker calculated over a period of twelve consecutive weeks can be extended to 44 hours (instead of 40).
For each of the sectors of activity concerned, a decree must specify the categories of exemptions admitted among those mentioned above. The employer who makes use of at least one of these exceptions must inform the Social and Economic Committee (CSE) and DIRECCTE without delay and by any means. The exemptions will cease to produce their effects December 31, 2020.
C - On Sunday work
Companies in sectors of activity particularly necessary for the security of the Nation and the continuity of economic and social life (determined by decree), may depart from the Sunday rest rule by assigning weekly rest per shift.
This exemption also applies to companies which provide those mentioned above with services necessary for the performance of their main activity. These provisions apply even in the departments of Moselle, Bas-Rhin and Haut-Rhin. The derogations will cease to produce their effects December 31, 2020.
THEOrdinance No. 2020-324 on emergency measures with regard to replacement income mentioned in Article L. 5421-2 of the Labor Code
In order to cope with the economic, financial and social consequences of the spread of Covid-19, for exhausting job seekers, from March 12, 2020 and until a date set by a ministerial decree to intervene (and at until July 31, 2020), their right to unemployment benefits (or the specific solidarity allowance, the insurance allowance, the specific allowances paid to intermittent entertainment workers), the period during which the allowance is paid is subject, exceptionally, to a specific extension also by a ministerial decree to intervene.
Nicolas Lepetit
Partner
Prior to joining Ginestié Magellan Paley-Vincent, Nicolas Lepetit worked at Legrand Bursztein Beziz, avocats (LBBa) law firm, then worked at Bersay & Associés for more than 10 years and lastly as Of Counsel.
