An employer who is forced to reduce or temporarily suspend his activity may resort to partial activity for the following reasons:
- the economic context ;
- difficulties in the supply of raw materials or energy;
- a disaster or bad weather of an exceptional nature;
- the transformation, restructuring or modernization of the company;
- Any other exceptional circumstances.
The request for partial activity must be sent to the Direccte, which must, in principle, render its decision within 15 days. The absence of a response from the Direccte at the end of the said period is deemed to be an implicit decision of acceptance. As part of the fight against the spread of the Covid-19 epidemic, the government has encouraged companies to resort to teleworking or, where appropriate, partial activity.
Given the massive use of the partial activity system observed in recent days, what remedies are available to companies in the event of a refusal decision by the Direccte ?
The graceful appeal
A non-contentious appeal may be lodged with the authority that issued the contested decision within the time limit for contentious appeal, which lasts two months from the notification of the decision. It should be noted that the graceful appeal does not suspend the effects of the disputed decision, which continues to apply. Said appeal interrupts, on the other hand, the time limit for contentious appeal.
Hierarchical appeal
The hierarchical appeal is exercised before the administrative authority to which the authority which rendered the contested decision is subordinate . The hierarchical appeal produces the same effects as the gracious appeal: it does not suspend the effects of the contested decision but interrupts the time limit for contentious appeal. Regarding the challenge of the decision to refuse partial activity, the hierarchical appeal must, in our view, be before the Minister of Labor.
The contentious appeal
The contentious appeal, for excess of power must be exercised, in principle, before the Administrative Court of the jurisdiction in which the contested decision was taken. Nor does the contentious appeal suspend the execution of the contested decision. However, it is still possible to file a request for interim relief, subject to fulfilling the conditions and after having previously filed a request for the cancellation or modification of the contested decision.
