The context of the establishment of the ordinances of March 25, 2020
Emergency law n°2020-290 of March 23, 2020 to deal with the Covid-19 epidemic notably established a state of health emergency and enabled the Government to adopt, by ordinances, emergency measures related to the Coronavirus-Covid-19 crisis.
In this context , the following ordinances were adopted and signed on March 25, 2020 and published in the Official Journal on March 26, 2020:
- Ordinance No. 2020-323 on emergency measures in terms of paid leave, working hours and rest days;
- Ordinance No. 2020-322 temporarily adapting the terms and conditions for the allocation of the additional compensation to the daily allowance and modifying, on an exceptional basis, the deadlines and the terms and conditions for the payment of the sums paid as profit-sharing and participation;
- Ordinance No. 2020-324 on emergency measures in terms of replacement income for unemployed workers.
Emergency measures in terms of paid leave ( ordinance no. 2020-323 )
What emergency measures?
The employer can:
- impose the taking of paid holidays;
- modify the dates of paid leave already taken;
- impose the splitting of paid holidays;
- suspend the right to simultaneous leave of spouses or partners bound by a PACS.
How ?
- By collective branch or company agreement.
Limits ?
- Within the limit of 6 working days (= 1 week of paid vacation);
- Respecting a notice period of one clear day.
Emergency measures in terms of rest days resulting from an RTT scheme, a fixed-rate agreement in days or a CET ( ordinance no. 2020-323 )
What emergency measures?
The employer, unilaterally, can impose or modify :
- RTT days acquired as part of a working time reduction scheme ( law no. 2008-789 of August 20, 2008 );
- rest days acquired under a conventional rest day scheme ( Article L.3121-41 to L.3121-47 of the Labor Code );
- the days or half-days of rest acquired by the employee holding a flat-rate agreement in days over the year;
- taking the days deposited in the Time Savings Account (CET).
Limits ?
- Within the limit of 10 working days;
- By respecting a clear day's notice.
Emergency measures in terms of working time and rest ( ordinance no. 2020-323 )
For which sectors of activity?
For those particularly necessary for the security of the Nation or the continuity of economic life.
A decree must specify the sectors of activity concerned.
What emergency measures?
The employer may derogate from the rules of public order relating to:
- At the maximum daily working time – Range up to 12h/day (with compensatory rest for night workers);
- At the minimum daily rest period – Reduced to 9 consecutive hours/day, if compensatory rest;
- At the absolute maximum weekly duration – Up to 60h/week
- At average maximum weekly duration – Up to 48h/week (44h for night workers).
Information ?
- Inform the CSE and the DIRECCTE without delay.
Emergency measures for Sunday rest ( ordinance no. 2020-323 )
For who ?
1) For companies in sectors of activity particularly necessary for the security of the Nation or the continuity of economic life;
2) For companies which provide the above services necessary for the performance of their main activity.
What emergency measure?
The employer can derogate from the rules of public order relating to Sunday rest by allocating a weekly rest in rotation.
Emergency measures for the allocation of the additional allowance to the daily allowance (1) ( ordinance no. 2020-322 )
For who ?
1) For employees absent from work due to illness or accident confirmed by medical certificate.
2) For insured persons on sick leave due to a measure of isolation, eviction or staying at home
3) For parents on sick leave to care for a child under 16 years old.
What emergency measures?
The salary supplement is paid by the employer:
- without condition of seniority,
- without it being necessary to have justified the incapacity for work within 48 hours,
- without it being necessary to be treated on French territory or in one of the other Member States of the European Community or party to the agreement on the European Economic Area.
The salary supplement is open to employees working from home, seasonal employees, intermittent employees and temporary employees.
Emergency measures for the payment of sums paid for profit-sharing and profit-sharing ( ordinance no. 2020-322 )
What emergency measure?
The deadline for payment or allocation to an employee savings plan or to a blocked current account of the sums allocated in 2020 for profit-sharing or participation is postponed to December 31, 2020.
Emergency measures in terms of replacement income for unemployed workers ( ordinance no. 2020-324 )
For who ?
For jobseekers who exhaust their right from March 12, 2020 and until a date set by decree (at the latest until July 31, 2020).
For what allowances?
For return to work allowances, insurance allowances and specific solidarity allowances referred to in Articles L.5422-1, L5423-1, L.5424-1 and L.5424-21 of the Labor Code.
What emergency measure?
The period during which the allowance is paid is subject, exceptionally, to an extension, the duration of which will be determined by decree.
