Will it be able to limit the breakage and help companies pass the wave of the coronavirus? The "specific device of partial activity in the event of a reduction in sustainable activity", better known as "new partial activity of long duration", was published this Thursday in the Official Journal , for entry into force tomorrow Friday.
Born from an idea of the social partners in metallurgy, this system aims to encourage companies permanently impacted by the crisis "to keep their employees and their skills to be ready when the activity resumes", according to the Minister of Labor, Elisabeth Borne. .
With #APLD, we now have a tool to preserve our jobs and skills, but also to train employees for the recovery. Today I will be at @SAFRAN where management and unions have come together to protect thousands of jobs. https://t.co/8N9V5p0oO8
- Elisabeth BORNE (@Elisabeth_Borne) July 30, 2020It authorizes a reduction in working time up to a maximum of 40% of non-working hours, compensated by the State more strongly than basic partial unemployment, subject to a collective agreement at the level of the establishment, l company, group or branch.
93% of net salary
Based on a "diagnosis of the economic situation", this agreement, for a period of 6 to 24 months, must "define the activities and employees concerned, the maximum reduction in working hours and the commitments in employment and vocational training ”. During non-working hours, the employee will receive 84% of his net salary (or 70% of his gross), calculated from a maximum salary of 4.5 Smic. As they are, we have said, a maximum of 40% of his working time, this guarantees him 93% of his net salary. For its part, the company will receive compensation of 85% of the compensation paid to the employee, (i.e. 15% of the remainder of the charge) for an agreement concluded before October 1, and 80% for an agreement concluded after.
The reduction in working hours "is assessed for each employee concerned over the duration of the application of the device". It cannot be greater than 40% of the legal timetable, but a 50% exemption is possible in exceptional cases with the agreement of the administration. The agreement “may” also provide for “the conditions” under which the directors and shareholders “provide efforts proportionate to those requested of employees”. The training costs during the period may be covered up to 80% by the State and the personal training account of employees may also be mobilized.
An expected device
This decree was eagerly awaited by companies interested in this device, mainly for the moment in aeronautics. The engine manufacturer Safran has already negotiated an agreement with its unions until the end of 2022 in order to avoid any layoffs in France.
Other OEMs and Airbus are considering doing so.
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