The context of the establishment of the ordinances of April 1, 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 April 1, 2020 and published in the Official Journal on April 2, 2020:
- Ordinance 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 health emergencies and modifying the system for prior requests for authorization of partial activity ;
- Ordinance No. 2020-387 on emergency measures for vocational training ;
- Ordinance No. 2020-389 on emergency measures relating to staff representative bodies.
Emergency measures relating to 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 euros, from social security contributions and contributions and income tax. In the event of a profit-sharing agreement, this ceiling is raised to 2,000 euros.
MEASURE (3): Extension 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 for a derogatory period of less than 3 years (without being able to be less than 1 year).
MEASURE (4): Addition of a modulation criterion
The employer can modulate the amount of the bonus according to the working conditions linked to the epidemic
Emergency measures relating to Staff Representative Bodies ( ordinance no. 2020-389 )
MEASURE (1): Immediate suspension of the deadlines for the electoral processes in progress in the company up to 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, etc.).
-The conditions of electorate and eligibility are assessed on the date of each of the two ballots.
-The employer who must initiate the electoral process must do so within three months from the date of the end of the state of health emergency.
-The current mandates of elected representatives and the period of specific protection (of candidates, elected titular or alternate members, etc.) are extended until the proclamation of the results of the first or, where applicable, the second round of professional elections.
-The employer who must organize by-elections is exempted from it, when the end of the suspension of the electoral process intervenes less than 6 months before the end of the mandates in progress.
MEASURE (2): Adaptation of the conditions for informing and consulting IORPs
- The CSEs (or other bodies) can meet by videoconference or audioconference, or even, on a subsidiary basis or by company agreement, by instant messaging.
– Concerning the emergency measures in terms of paid leave, working hours and rest days of Ordinance No. 2020-323 of March 25, 2020 : the CSE is informed at the same time as the measures are implemented 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 the activity of occupational physicians on missions related to the epidemic
- Dissemination of prevention messages against the spread of the virus and support for companies in the implementation of adequate prevention measures, in the increase or adaptation of their activity;
- The prescription or renewal of sick leave in connection with covid-19 (infection or suspicion of infection) and the screening of contaminated employees;
- Hiring visits 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 (reinforced individual follow-up, adapted or regular follow-up), without this hindering hiring or resumption.
-Possible postponement of job studies, incapacity procedures, etc., except in the event of an emergency or serious risks to the health of the worker.
Emergency measures in the area of vocational training ( ordinance no. 2020-387 )
MEASURE (1):
Possible extension by amendment of apprenticeship and professionalization contracts whose end date occurs between March 12 and July 31, 2020 without the apprentice having completed his 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 pending the conclusion of an apprenticeship contract.
MEASURE (3):
Postponement until December 31, 2020 of the deadline to carry out the interviews to assess the professional career.
MEASURE (4):
Adaptation of the methods of support and financing of the validation of acquired experience (VAE) to facilitate its remote realization.
