News

11 May 2020

Employers and employees, prepare legally and with peace of mind for deconfinement!

Does the end of containment mean the end of partial activity?

Will the employees who are on short-time working during the lockdown period return to work as normal?

Partial activity allows companies to reduce working time by employees' work when they experience a drop in activity.

The Decree of 25 March 2020 has made it possible to generalise this system so that employers can either reduce working hours or temporarily close all or part of the establishment (in the latter case, this is known as total partial activity).

It should be noted that the total duration of partial activity has been extended to one year from the previous 6 months.

What is envisaged from 11 May 2020:

The employer will be able to continue the partial activity by reducing working time as long as the economic activity is not as important as before the confinement.

As the company's economic activity resumes, the employer may adjust the working time so that the employee can gradually return to normal activity.

There are limits put in place by the Government:
The Company will have to respect a quota of compensable hours (number of compulsory hours to be paid) which has been modified by the order of 31 March 2020 to 1607 hours, a quota per employee to be used by the employer until 31 December 2020.

Partial activity has been individualised under the Ordinance of 22 April 2020: the Ordinance provides for the possibility of placing employees in partial activity on an individual basis and according to a non-uniform distribution between employees of the hours off or the hours worked within the same establishment, department or workshop, including those in the same professional category.
Conditions must be met:
This mechanism must be put in place by collective agreement or, failing that, after a favourable opinion from the social and economic committee or the works council,
A number of criteria need to be taken into account, such as skills and the reconciliation of work and family life. professional and private life of the employee.
Finally, it should be noted that the effects of these individualisation agreements cannot last beyond 31 December 2020.

As a reminder: as indicated in the newsletter of 6 May 2020, don't forget to respect the instructions given in the Government's job cards!

The duty of prevention and the employer's obligation to train and inform employees remains crucial to the health and safety of everyone in the workplace..