Covid 19 & Partial activity – Update

General legal framework

• The partial activity scheme can only be set up if it has been authorized by the Direccte.
• The cases of recourse to the partial activity scheme are as follows:
  1. The economic context
  2. Supply difficulties
  3. A disaster or bad weather of an exceptional nature
  4. The transformation, restructuring or modernization of the company
  5. Any other exceptional circumstances

Covid-19 epidemic and partial activity

• The Questions/Answers circular from the Ministry of Labor of March 17, 2020 considers various cases eligible for the partial activity scheme in the context of the Covid-19 epidemic, in particular:
  1. Administrative closure of an establishment;
  2. Massive absence of employees essential to the activity of the company which would be linked to contamination or quarantine;
  3. Temporary interruption of non-essential activities in the situation where the public authorities decide to limit travel so as not to aggravate the epidemic;
  4. Decline in activity linked to the epidemic in the event of supply difficulties, cancellation of orders, deterioration of sensitive services;
  5. Suspension of public transport.

Restrictions envisaged

• It would seem that would be eligible for partial activity:
  1. Companies that are subject to the closure obligation provided for by the decree of March 14, 2020, supplemented by the decree of March 15, 2020;
  2. Companies which are unable to use telework, to respect distancing measures or which are faced with a massive absence of employees essential to the continuity of the activity.
• On the other hand, would not be eligible for the partial activity scheme:
  1. Companies authorized to open and which decide to remain closed for health reasons;
  2. Companies that are able to continue their activity, in particular through the use of telework.