A decree was issued on 17 April, adjusting the rules for partial unemployment to the needs of the current crisis. This is an opportunity to take stock of a device whose complexities have a major impact on payroll management.
Who has access to partial unemployment?
All employees whose company must restrict working hours in order to cope with economic difficulties or technical impediments.
Since yesterday's decree, executives and employees in hourly packages also have access to the scheme.
Corporate officers, whether under the status of simili “paid employees” or self-employed, do not have access to partial unemployment.
What are the financial impacts ?
Employees receive 70% of their gross earnings for each hour, which corresponds to about 84% of their net salary. The gross salary is calculated on the 12 months before the start of the period of technical unemployment, in proportion to the employee's time in the company. Not included in the calculation:
- The amounts related to professional expenses.
- items not related to working time (seniority, vacation bonus, year-end bonus, etc.), which are due by the employer but not compensated by the State.
- The exceptional purchasing power premium (MACRON premium).
- the share of the remuneration corresponding to the paid leave allowance.
- The share of remuneration corresponding to overtime, night work, work on Sundays... even if they are included in the contract
Some collective agreements or some companies may provide for the total maintenance of net compensation. It is then up to the employer to complete this one. The sums paid by the employer are exempt from almost any payroll taxes (except CSG CRDS).
The compensation paid by the State may not be less than 8.03 euros or more than 31.97 euros per hour, on a basis of 35 hours per week or 7 hours per day (case of employees with an hourly package).
How is partial activity structured with telework?
The working time provided by the employee's contract can be split between part-time unemployment and telework.
Working, for an employee on his hours of unemployment, is sanctioned by:
- Full reimbursement of partial unemployment indemnities
- The ban on public aid for employment or vocational training
- 2 years' imprisonment and a fine of 30,000 euros.
Partial unemployment and public holidays
If the public holiday is usually not worked in the company, the partial unemployment will not be compensated.
The Solidarity Day is also not compensated.
We draw your attention to the fact that having an activity on Fridays can impact the calculation of the partial activity allowance for Saturdays and Sundays.