The use of teleworking or the modification of the date of paid leave
| The implementation of teleworking |
When ? As soon as the employee's work can be carried out remotely .
How ? Unilaterally , without the agreement of the employee. It is preferable to resort to an amendment in the event of a collective agreement or a charter drawn up after consulting the Social and Economic Committee.
Regime ? Adjustment of the workstation 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 shift in holidays |
When ? As soon as the employee has already taken paid leave or days of reduced working time (RTT).
How ? Unilaterally .
In the absence of paid leave already taken by the employee? Impossible to impose on the employee to ask days .
Isolation, childcare, etc.: placement of the employee on sick leave
Prerequisite: The implementation of telework must not be possible
| For the employee placed in "measure of isolation, eviction or home care" |
Conditions : In particular contact with a sick person or stay in an area considered to be an epidemic focus
Procedure : The sick leave is pronounced by the doctor of the Regional Health Agency (ARS).
| For the parent employee gfgffffffffffffffffgf |
Conditions : Only one parent per household ( sworn statement from parent employee ) and for parents of children under 16 ( or 18 in case of disability )
Procedure : Declaration by the employer of a sick leave of 1 to 14 days.
Compensation? By way of derogation, (1) no waiting period for both daily social security allowances and for any additional salary paid by the employer and (2) no examination of the conditions for the opening of rights .
Duration of derogatory compensation? From February 1, 2020 until April 30, 2020, within the limit of 20 days ( for single employees ) or the closure of the school ( for parent employees ).
The use of partial activity
– temporary closure of the business
– working hours
The procedure
1. Consultation of the CSE ( which can be organized a posteriori taking into account the circumstances )
2. Request for authorization from the DIRECCTE for exceptional circumstances related to the epidemic situation
3.Response from the DIRECCTE in principle within 48 hours
4.Claim for compensation
Compensation for non-working hours 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 non-working hours paid to the employer:
Support for non-working hours paid 100% by the State by the Service and Payment Agency (ASP).
