The use of teleworking or the modification of paid leave dates
| The implementation of teleworking |
When? As soon as the employee's work can be performed remotely .
How? Unilaterally , without the employee's agreement. It is preferable to use an amendment in the case of a collective agreement or a charter established after consultation with the Social and Economic Committee.
Scheme? Workplace adjustments made necessary to allow the continuity of the company's activity and guarantee the protection of employees ( Article L.1222-11 of the Labor Code ).
| The staggered holiday schedule |
When? As soon as the employee has already taken paid leave or days off in lieu of overtime (RTT).
How? Unilaterally .
If the employee has not already taken paid leave? It is impossible to force the employee to take days off .
Isolation, childcare…: placing an employee on sick leave
Prerequisite: Teleworking must not be possible
| For employees placed in "isolation, exclusion or home confinement measures" |
Conditions : Including contact with a sick person or stay in an area considered an epidemic hotspot
Procedure : Sick leave is granted by the doctor of the Regional Health Agency (ARS).
| For the employee parent gfgffffffffffffffffgf |
Conditions : Only one parent per household ( self-declaration from the employed parent ) and for parents of children under 16 years of age ( or 18 years of age in case of disability )
Procedure : Declaration by the employer of a sick leave of 1 to 14 days.
Compensation? By way of exception, (1) no waiting period for either daily social security benefits or any additional salary paid by the employer and (2) no examination of the conditions for opening entitlements .
Duration of the exceptional compensation? From February 1, 2020 until April 30, 2020, up to a limit of 20 days ( for isolated employees ) or the closure of the school ( for employees who are parents ).
The use of partial activity
– temporary closure of the company
– working hours
The procedure
1. Consultation with the Works Council ( which may be organized subsequently depending on the circumstances )
2. Application for authorization from the DIRECCTE for exceptional circumstances related to the epidemic situation
3.The DIRECCTE's response is usually within 48 hours
4.Claim for compensation
Compensation for hours not worked paid to the employee :
Rule : Employees receive at least 70% of their previous gross salary ( 84% of net ).
Minimum : 8.03 euros gross per hour (= hourly minimum wage ).
Maximum : 36.13 euros gross per hour (= 4.5 times the hourly minimum wage ).
Compensation for hours not worked paid to the employer:
The Agency for Services and Payments (ASP) takes charge of hours of unemployment paid at 100% by the State
