- France is suffering, because of the coronavirus, from a slowdown in economic activity and the social consequences that go with it.
- But what are the rights of employees vis-à-vis the measures that companies can take?
The coronavirus epidemic is upsetting the lives of businesses and employees. If France has not yet imitated Italy and its radical measures - closure of all shops except food and health stores -, the country is nevertheless suffering from the slowdown in activity and the social consequences that go with it.
Faced with this unprecedented situation, companies are led to take exceptional measures, but what are the rights of employees? 20 Minutes takes stock.
Can the company impose partial unemployment on its employees?
Yes. “The employee cannot refuse. Partial unemployment is a mechanism which aims to protect the company and the employee in the event of a drop in activity. This avoids having to break the employment contract, ”recalls Olivier Angotti, associate lawyer at FTMS. In this case, the company must pay the employees “partial activity” indemnities corresponding to 70% of the gross hourly wage calculated on the number of hours they do not work. "There is therefore a financial loss for the employee" continues Olivier Angotti.
There is also a loss for the company, since the State only partially compensates these allowances, on the basis of the hourly minimum wage. For example, if the company has to pay 14 euros per hour to a part-time employee, the State will reimburse only 8.03 euros. This Thursday, the Minister of Economy, Bruno Le Maire, said he was open to uncapping this device. Adding: "It will amount to hundreds of millions of euros, but I think it's money well spent". According to the government, 3,600 companies already use short-time working, for a total of 60,000 workers.
Can the company require an employee to take paid vacation in the coming weeks?
"The employer can ask, the employees can refuse," explains Laetitia Ternisien, lawyer specializing in social law at Jeantet. Legally, you cannot impose holidays with such a short deadline. The employer may possibly postpone leave dates that have already been set with minimum notice [one month] ”.
Nevertheless, for Emeline Rolin, head of the social pole of the Exco network, "the employee may have an interest in asking for holidays rather than ending up in partial unemployment, less well paid".
Can employees exercise their right of withdrawal due to the coronavirus?
It all depends on everyone's situation. According to the Labor Code, the employee has the right to withdraw from his post in the event of "serious and imminent danger to his life or his health". The law also specifies that "no penalty, no deduction of wages may be taken against a worker" who would have exercised his right of withdrawal on the basis of "reasonable grounds". All the subtlety is therefore played on this appreciation, which is a matter of justice.
"If an employer considers that the reason is not legitimate, he could suspend the payment of wages, explains Laetitia Ternisien. The employee could then seize the industrial tribunal so that the latter decide. It is an assessment on a case-by-case basis, depending on personal situations ”. For example, an older employee, working in contact with the public and victim of respiratory problems, will in theory find it easier to have his right of withdrawal linked to the coronavirus recognized than a young employee who is not in contact with the public.
Another scenario: "if a company does not take enough precaution, if it does not react when an employee is positive for the coronavirus, in this case the employees could legitimately exercise their right of withdrawal" estimates Emeline Rolin. The employer has an obligation of health and safety.
Is an employee confined to his home and who cannot telework entitled to his pay?
“In theory, the employer cannot tell the employee to stay at home, poses Olivier Angotti. But if he ever does, because he believes that he must preserve the health of other employees, the employer must maintain the entire salary. Otherwise, he is exposed to claims for damages to the industrial tribunal. On the other hand, "if an employee is confined by a decision of the State, for example in the event of the confinement of a city, it is a case of force majeure which suspends the employment contract" estimates the lawyer. In this case, the employee cannot claim to receive his salary, even if "it is difficult to see how the State would not set up compensation mechanisms in such cases".
A position nuanced by Xavier Pernot, lawyer at Jeantet law firm: “Force majeure is based on three concepts: unpredictability, irresistibility (there is nothing you can do), and exteriority (it is not my fault). Not every company will be able to invoke it rashly ”.
A company whose employees work mainly on computers could for example set up telework to continue the activity in the event of confinement: in this case, irresistibility could not play a role. Finally, in the event that the employee is confined following a sick leave issued by a doctor, the classic compensation process applies.
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- Economy
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- Employees
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- Labor law
- Coronavirus