Three questions on long-term partial activity (APLD)

A sign during the demonstration on September 17, 2020, in Paris.

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• The long-term partial activity (APLD) was redesigned at the end of July.

• The government encourages companies to use this "anti-layoffs" device.

• But several unions believe that the compensation requested by the state is too light.

The long-term partial activity (APLD) entered into force last July.

The Minister of Labor, Elisabeth Borne, explained then that the device should allow companies affected by the economic crisis linked to Covid-19 to "keep their employees and their skills to be ready when activity resumes".

Concretely, the APLD allows the company to reduce the working time of its employees for a maximum of two years, with the State covering part of the remuneration.

How is it structured?

Is this the miracle solution against layoffs? 

takes stock.

How does the APLD work?

To benefit from it, two conditions: the company must first justify a “sustainable reduction in activity” linked to the coronavirus.

A very wide scope of application, given the enormous impact of the health crisis.

Second condition: the APLD must be the subject of an agreement with the trade unions.

This agreement can be signed at company or branch level (which brings together all companies in the same sector).

Once the agreement is validated, the employer can reduce the number of working hours of his employees, up to a limit of 40% of the legal working hours.

For example, if an employee has a 35-hour contract per week, the company can put him out of work for 14 hours, or two days a week.

On non-working hours, the employee will receive 84% of his net salary, calculated from a maximum salary of 4.5 Smic.

In total, this means that an employee who has 40% partial unemployment over a month would receive 93% of his usual net salary.

Companies that sign an APLD are bound by counterparties.

During the entire term of the agreement, they cannot dismiss the employees concerned.

"In the event of economic redundancy, the administration can interrupt the payment of the allowance and ask the employer to reimburse the sums", indicates the Ministry of Labor on its site.

Companies must also set up a vocational training plan, part of which is paid for by the State.

What are the differences with “classic” partial unemployment and with collective performance agreements (APC)?

Unlike the classic partial unemployment scheme (or partial activity), which can be decided unilaterally by the employer, the APLD requires, as we have said, an agreement with the unions, and therefore negotiation.

In addition, to strengthen the attractiveness of the system, a company that signs an APLD will, in time, be better compensated by the State.

Concretely, from November 1, a company that will resort to “classic” short-time working for its employees will only be compensated up to 60% by the State (for 100 euros paid to employees during non-working hours, the State will compensate the company up to 60 euros).

On the other hand, a company which will have signed an APLD will be entitled to 80% support, or even 85% for an agreement signed before the end of September.

Collective performance agreements (CPAs), redesigned in 2017, are much more radical, even if they were normally designed to avoid layoffs as much as possible.

Here, there is no question of compensated partial unemployment or compulsory guarantees on employment.

Subject to a collective agreement, the employer has many possibilities: lower wages indefinitely (without reducing working hours), increasing working hours (without raising wages), eliminating the 13th month or bonuses … If employees refuse these changes, they are dismissed.

This is what happened this summer for 160 employees of Derichebourg (aeronautics) who had refused salary cuts following the establishment of an APC.

In addition, nothing prevents a company from setting up an APLD agreement for some of the employees and an APC for other categories of employees.

Why are unions wary of this device?

Initially, the unions were rather optimistic about the APLD.

At the end of July, Force Ouvrière considered in particular that the system "should make it possible to avoid other legal instruments that are much more socially devastating, such as employment protection plans (PSE), collective contractual terminations (RCC) or departures. volunteers ”.

But the mood suddenly cooled in September, when the specialized agency AEF revealed that the government wanted to relax the compensation requested from companies that have signed APLD.

A draft decree - which has not yet appeared - indeed provides that “the reimbursement [of aid received by] the employer [will not] be payable if the outlook for activity has deteriorated compared to those provided for in the collective agreement or the employer's document ”.

Asked by

, the Ministry of Labor had not responded at the time of publication of this article.

For the unions, the wording of the new decree, which is too imprecise, is an open door to possible abuses: for example, a company could sign an APLD, benefit from state aid, then launch a social plan a few months later in arguing for a future that would darken and breaking the agreement, especially regarding layoffs.

All without fear of having to pay back a penny.

"To speak of" perspective ", it is too broad, explains to

Marylise Léon, number 2 of the CFDT.

Instead, we proposed indicators that would make it possible, in the event of layoffs, to assess the company's situation in a more objective manner: monitoring of equity, evolution of order books, evolution of cash flow ”.

"There really has to be suspension of payment or proven market loss, otherwise, we change the nature of the device," said Jean-François Foucard, in charge of employment at CFE-CGC, questioned by

.

"If ever the government does not take into account our remarks for its new decree, it will really be a bad signal sent in terms of social dialogue" warns Marylise Léon.

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