The context of the establishment of the orders of April 1, 2020
Law No. 2020-290 of March 23, 2020, concerning emergency measures to deal with the Covid-19 epidemic, notably established a state of health emergency and allowed the Government to adopt, by decree, emergency measures related to the Coronavirus-Covid-19 crisis.
In this context , the following orders were adopted and signed on April 1, 2020 and published in the Official Journal on April 2, 2020:
- Order No. 2020-385 amending the deadline and conditions for payment of the exceptional purchasing power bonus ;
- Ordinance No. 2020-386 adapting the conditions for carrying out the missions of occupational health services to the health emergency and amending the system of prior requests for authorization of partial activity ;
- Order No. 2020-387 concerning emergency measures in the field of vocational training ;
- Ordinance No. 2020-389 concerning emergency measures relating to employee representative bodies.
Emergency measures regarding the exceptional purchasing power bonus ( Ordinance No. 2020-385 )
MEASURE (1): Removal of the obligation to implement a profit-sharing agreement
The employer can pay the exceptional purchasing power bonus through a profit-sharing agreement but also unilaterally.
MEASURE (2): Modification of the exemption ceiling
The exceptional bonus is exempt, up to €1,000, from social security contributions and income tax. In the case of a profit-sharing agreement, this limit is raised to €2,000.
MEASURE (3): Postponement of the deadline to August 31, 2020 (instead of June 30, 2020)
This postponement of the deadline concerns the payment of the bonus but also the conclusion of a profit-sharing agreement with a derogative duration of less than 3 years (but cannot be less than 1 year).
MEASURE (4): Addition of a modulation criterion
The employer can adjust the amount of the bonus according to the working conditions related to the epidemic
Emergency measures relating to employee representative bodies ( Ordinance No. 2020-389 )
MEASURE (1): Immediate suspension of deadlines for ongoing electoral processes within the company until 3 months after the end of the state of health emergency
-The suspension of the electoral process does not invalidate the formalities already carried out (1st round …).
-The conditions of voting and eligibility are assessed on the date of each of the two rounds of voting.
-The employer who must initiate the electoral process must do so within three months from the date of cessation of the state of health emergency.
-The current mandates of the elected representatives and the specific protection period (of candidates, elected members in full or alternate positions…) are extended until the proclamation of the results of the first or, where applicable, the second round of the professional elections.
-The employer who has to organize partial elections is exempt from doing so, when the end of the suspension of the electoral process occurs less than 6 months before the end of the current mandates.
MEASURE (2): Adaptation of the conditions for informing and consulting employee representatives
-Works councils (or other bodies) can meet by videoconference or audioconference, or even, as a subsidiary measure or by company agreement, by instant messaging.
– Regarding the emergency measures concerning paid leave, working hours and days off in Ordinance No. 2020-323 of March 25, 2020 : the CSE is informed simultaneously with the implementation of the measures by the employer and the CSE gives its opinion within one month.
Emergency measures relating to the missions of occupational physicians ( Ordinance No. 2020-386 )
MEASURE (1): Concentration of occupational physicians' activity on missions related to the epidemic
-The dissemination of prevention messages against the spread of the virus and the support of companies in the implementation of appropriate prevention measures, in the increase or adaptation of their activity;
-Prescription or renewal of sick leave related to COVID-19 (infection or suspected infection) and screening of infected employees;
-Pre-employment medical examinations for employees assigned to high-risk positions or who present vulnerability factors.
MEASURE (2): Postponement of other missions unrelated to the epidemic
-Possible postponement of medical visits, unless they are essential (enhanced individual monitoring, adapted or regular monitoring), without this hindering hiring or resumption of work.
-Possible postponement of job studies, unfitness procedures, etc. ... except in cases of emergency or serious risks to the worker's health.
Emergency measures regarding vocational training ( Ordinance No. 2020-387 )
MEASURE (1):
Possible extension by amendment of apprenticeship and professionalization contracts whose end date falls between March 12 and July 31, 2020 without the apprentice having completed their training cycle (postponement or cancellation of courses or exams).
MEASURE (2):
Extension from 3 to 6 months of the period during which an apprentice can remain in training in a CFA while waiting for the conclusion of an apprenticeship contract.
MEASURE (3):
Postponement until December 31, 2020 of the deadline for conducting career review interviews.
MEASURE (4):
Adaptation of the support and funding arrangements for the validation of acquired experience (VAE) to facilitate its completion remotely.
