An employer who is forced to reduce or temporarily suspend their activity may resort to partial activity for the following reasons:
- the economic situation;
- difficulties in obtaining supplies of raw materials or energy;
- a disaster or exceptionally severe weather;
- the transformation, restructuring or modernization of the company;
- Any other exceptional circumstance.
Applications for partial activity (short-time working) must be submitted to the Regional Directorate for Labor, Employment and Vocational Training (Direccte), which is expected to issue its decision within 15 days. The absence of a response from the Direccte within this timeframe constitutes tacit approval. As part of the efforts to combat the spread of the Covid-19 epidemic, the government has encouraged businesses to implement remote working or, where appropriate, partial activity.
Given the massive use of the partial activity scheme observed in recent days, what avenues of appeal are open to companies in the event of a refusal decision by the Direccte ?
The informal appeal
An informal appeal may be lodged with the authority that issued the contested decision within the two-month time limit for filing a formal appeal, starting from the date of notification of the decision. It should be noted that an informal appeal does not suspend the effects of the contested decision, which remains in force. However, it does interrupt the time limit for filing a formal appeal.
Hierarchical appeal
An administrative appeal is lodged with the administrative authority to which the authority that issued the contested decision is subordinate . An administrative appeal has the same effect as an informal appeal: it does not suspend the effects of the contested decision but interrupts the time limit for filing a formal appeal. In the case of a challenge to a decision refusing partial activity benefits, the administrative appeal should, in our opinion, be lodged with the Minister of Labor.
Legal recourse
Legal action for abuse of power must, in principle, be brought before the Administrative Court in the jurisdiction where the contested decision was made. Legal action does not suspend the execution of the challenged decision. However, it remains possible to file an application for interim relief, provided the conditions are met and after having first filed an application for the annulment or modification of the contested decision.
