Telework, partial unemployment, right of withdrawal, right of alert ... These are terms that may have been foreign to you a few days ago, but which are now circulating in companies and newspapers. Faced with the coronavirus epidemic, French companies and workers must adapt to continue, or on the contrary stop their activities.
But while companies are strongly encouraged to have their employees work remotely, some are still reluctant. What if your employer forces you to go to work when your job is not essential? Who should you contact? Can you be forced to leave during the confinement period? If you are a temporary worker, self-employed, nanny at home, are you entitled to partial unemployment, or to state aid? Our legal columnist, Roland Pérez, answered questions from our auditors on labor law.
>> PODCAST - Coronavirus: find all the answers to your questions here
Laetitia's question
For companies that did not expect such rapid containment and could not organize telework (computer bug, unreachable computer scientists ...), should employees go to the workplace or will they touch partial unemployment?
Roland Pérez's response
All companies in France that have the possibility must encourage teleworking. If a company was able to do this but did not respond in time, it would have to lay off its workers for part time, at least the time to fix their IT problems.
>> LIVE - Coronavirus: follow the evolution of the situation
Melanie's question
Can I denounce my employer if he does not set up teleworking for everyone who can theoretically work from home?
Roland Perez's response
All employees have what is called a "right of alert". He exercises himself on behalf of all the employees of the company placed in this same situation. In this case, the employee alerts the Social and Economic Committee that may exist in the company, or the Labor Inspectorate.
Apart from activities which cannot be carried out by telework, and those which are essential for the social and economic survival of the country, all employment must be held at a distance at this time. If telework is not set up when it could be, the right to alert can be exercised.
Mary's question
I work in a pastry shop. I'm staying home this week to babysit, but I'm supposed to go to work on Saturday. I don't think it's a necessity, and wonder if I should go.
Roland Pérez's response
The employer must guarantee the safety, hygiene and health of workers. If he has put on protective gloves, if the distances are respected between sellers and customers, and if Marie can take regular breaks to wash her hands, her right of withdrawal will be difficult to exercise.
The right of withdrawal is an individual right: it is assessed on a case-by-case basis. If the employee decides to exercise it, he must notify his employer upstream and possibly discuss it with occupational medicine. It will thus be necessary to determine whether there is an "imminent" danger, as defined by the labor code.
Stan's question
I asked for my holidays in July, but my employer forces me to take them now, instead of putting me on partial unemployment. Does he have the right?
Roland Perez's response
If your leave date has already been set, your employer has the right to advance it to you. By law, an employer can change the leave date of its employees up to one month before they start. On the other hand, if the date of your vacation had not yet been set, he could not have forced you to take it now. An employer cannot place an employee on statutory leave.
In the opposite case, if Stan had posed for a few days at the end of March, without imagining spending his holidays confined, he would have had to ask for permission before he could shift them. And his employer would have been entitled to object.
Laurence's question
I am a nanny at home on a part-time intermittent permanent contract. Can I benefit from partial unemployment or do I have to exercise a right of withdrawal?
Roland Pérez's response
You are obviously entitled to partial unemployment. If your employer is an individual, he will continue to remunerate you, and will benefit from the support of your salary during the whole period when the sanitary conditions make that you cannot move. In other cases, your remuneration will be paid by the primary health insurance fund.
Cathy's question
What about temporary workers whose contract has just ended or will end soon?
Roland Pérez's response
The situation of temporary workers is relatively clear. If their last mission is completed, they will benefit from aid paid for by Pôle Emploi. It is a classic unemployment situation. If a long-term contract has been interrupted due to confinement, they can apply for partial unemployment, after discussion with their employer and their temporary employment agency, or, depending on their working conditions, exercise their right of withdrawal.
Mathias' question
I am self-employed, and all of my contracts have been canceled. I have no cash inflows planned for the next few weeks. Will I benefit from aid?
Roland Pérez's response
The situation of self-employed workers is perhaps the most difficult today. For the moment, Bruno Le Maire, the Minister of the Economy, has not yet announced any measure concerning them. It is likely that these self-employed will benefit from a reduction or even a reduction in their charges. On the income side, nothing has yet been decided.
Laetitia's question
Does a salaried manager of his company have the right to partial unemployment?
Roland Pérez's response
It depends on his situation. If he is a majority partner he will not benefit from it. In addition, he is only entitled if his pay slip provides for a position different from his quality as manager, as technical or IT director. If his employment contract dissociates these two situations well, then he may be covered by partial unemployment.