To deal with the economic consequences linked to the war in Ukraine, the government set out on Wednesday the terms of its resilience plan for businesses.
The Ministry of Labour, Employment and Integration has in particular clarified the rules relating to the application of partial activity (AP) and long-term partial activity (APLD) schemes.
Le Figaro
takes stock.
Which companies are eligible for the AP and APLD schemes?
Good news for companies facing economic difficulties since the start of the conflict: all are eligible for both the common law partial activity scheme and the long-term one.
For the common law AP system, "
the employee will receive compensation at the common law rate, i.e. 60% of his previous gross remuneration, within the limit of 60% of 4.5 SMIC
", specifies the ministry.
The employer will, for his part, receive from the Services and Payment Agency (ASP) a partial activity allowance equivalent to 36% of the employee's previous gross remuneration, within the limit of 36% of 4.5 minimum wage.
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However, it is not possible to benefit from the common law system - precisely for the reason of the war in Ukraine - if the employer closes his establishment.
For long-term partial activity, on the other hand, this will be granted including in the event of voluntary closure of the company.
What conditions must be met?
It is the Departmental Directorate of Employment, Labor and Solidarity (DDETS) which is in charge of validating the request.
To see its request validated, the company must be able to demonstrate, through any document, that “
there is a direct or indirect link between the consequences of the war in Ukraine and the decline
(of its)
activity
”.
The ministry adds that the rise in gas and oil prices constitute, for example, a valid and sufficient reason for resorting to partial activity under common law.
How to complete your request for partial activity?
To complete a request for partial activity, an additional sub-reason has been added to the common law procedure of SI APART.
It will now be necessary to tick the box “
consequences of the conflict in Ukraine
” within the reason “
all other exceptional circumstances
”.
Thanks to this reason, the ministry specifies that the employer will be able to benefit from a period of 30 days to file his request, from the placement of his employees in partial activity.
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What about employees of Russian, Belarusian and Ukrainian companies established in France?
If a Russian, Belarusian or Ukrainian company established in France were to encounter economic difficulties due to the conflict, all employees with a French employment contract could have recourse to partial activity and long-term partial activity.
And for expatriates working for French companies in Ukraine/Russia?
First of all, the ministry specifies that the company must favor the “
repatriation of its expatriate or seconded employees
” before resorting to partial activity.
Employees repatriated to France but who are not immediately reclassified do not benefit from partial activity.
However, if their repatriation is impossible and no site on French territory can accommodate them, the employer can then “
be eligible for the benefit of partial activity for these employees
”.
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Finally, if the employee is repatriated to France and reclassified in a new site where the employees are already in partial activity, then he too can benefit from the system.
The same rules apply for the long-term partial activity scheme.
