The employer will be able to impose the taking of paid holidays during the confinement period, within the limit of one week, according to an amendment adopted by the Senate. It must still be confirmed this Friday in the National Assembly, as part of the bill on the state of health emergency.
According to the Labor Code, currently, without a collective agreement, the employer cannot "change the order and the dates of departure less than a month before the scheduled date". "Our intention in the law is to reduce this delay, so that we can adapt to the current situation. It is therefore a provision which already exists and which reduces the implementation times, "explained Friday morning the government spokesman, Sibeth Ndiaye, on BFMTV and RMC.
"A reasonable effort", for Pénicaud
Article 7 of the health emergency bill presented by the government empowers it to “allow any employer to impose or modify unilaterally the dates of taking part of paid holidays, days of reduction of the working time and rest days allocated to the employee time savings account ”by derogating from“ the notice periods and terms of use ”defined in the Labor Code, collective agreements and agreements as well as the general status of the function public.
The government could therefore, by ordinance, allow companies to fix part of the paid vacation during the confinement period. In the entourage of Muriel Pénicaud, this measure was presented on Wednesday as "a reasonable effort" asked of employees while the State "is implementing an exceptional plan to save jobs and avoid layoffs".
No more than six days
In companies affected by the crisis, this measure "would be financially favorable to employees, who do not suffer loss of remuneration when they are on leave, unlike partial activity", according to Alain Milon, president (LR) of the Senate Social Affairs Committee. But, he adds, "these derogations should not allow companies to unilaterally reclassify paid holidays as a period during which employees are forced to stay at home, if necessary to keep their children, which cannot be assimilated to holidays ".
Also, "for the sake of proportionality", the senator had an amendment adopted limiting to six working days "the length of paid leave that may be imposed by the employer without observing the notice periods". According to the Ministry of Labor, the 2019-2020 paid holidays are concerned, which must therefore be taken on May 31.
Unions opposed to the measure
This amendment is still to be voted on in the National Assembly, which is debating the bill this Friday. The text does not, however, at this stage set a limit on the imposition of taking RTT days and days from the time savings account. Empowerment also allows the government to "modify the conditions for acquiring paid leave". The Government has not indicated whether this relates to the periods of partial unemployment which currently give entitlement to the acquisition of paid holidays.
The unions said they were opposed to this taking of days off by simple unilateral decision by the employer. The CFDT claimed that only the conclusion of a collective agreement could authorize such derogations.
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