Xavier Denamur is Restaurateur de la République, and author, in particular of
Et si on s'tait fin à table?
(ed. Calmann-Lévy).
Dear Élisabeth Borne,
As we can read in the press, the number of business failures in the restaurant business fell by 36.4% in 2020. As we can imagine, this miracle is due to short-time working, to various aids reinforced recently and to loans guaranteed by the state.
If some of my colleagues still find the glass half empty, the vast majority no longer complains and prefers, given the current health situation, to wait for the sunny days to return before reopening.
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However, like a sword of Damocles above the counter, companies in the sector, which are already in a financial bind, will have to pay their employees several weeks of paid leave and guaranteed public holidays acquired during partial unemployment in a period of administrative closure. .
This additional debt at the time of recovery could well prove fatal to them.
If, perhaps following my previous letter, on December 4, the ministry ended up issuing a press release allowing companies to put their employees on paid leave for 10 days between January 1 and January 20, 2021, the legal deadline for months of thoughtfulness did not allow everyone to impose at least one week of leave for the period 2019/2020, nor to have had material time to ask employees if they would agree to take a week in advance over the period 2020/2021.
In addition, the CGT, having found this “
vague
”
press
release,
asked employees to refuse to take paid leave acquired during the current partial unemployment period.
When the crisis is over, companies will have to pay their employees at least 20 days.
Not sure they will be able to afford this luxury
In any case, without any visibility on a reopening date, it seems to me opportune to find a solution to reduce the financial cost of the payment of paid holidays and of compensation days relating to public holidays guaranteed to employees who will not have not worked even if this is written into the labor code and the HCR collective agreement, of which rider number 6 grants 10 public holidays annually, 6 of which are paid or compensated whether the employee has worked or not, the famous guaranteed public holidays.
Between these guaranteed public holidays acquired mainly in April, May, November and December 2020 to be paid before the end of June 2021 and those in the process of being acquired during the current administrative closure period, employers may have to pay on reopening of more than ten public holidays or compensate for them with days of rest.
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When the crisis is over, companies will have to pay their employees at least 20 days.
Not sure that they will be able to afford this luxury.
And what about the companies created just before the health crisis whose employers have no money in their pocket for their personal needs and will have to grant paid leave to their employees.
Admittedly, the new aid mechanism from the support fund has made it possible since December to cover the irreducible costs of companies, but it does not erase the 6 to 9 months of cumulative losses and not wiping out all or part of this additional debt would hamper a recovery that s difficult announcement.
Employers and employees must each make an effort to adapt to exceptional circumstances
In view of these elements, I propose to have the National Assembly vote for a text allowing an exception exception to the labor code so that the days of paid leave being acquired in partial unemployment during this period of administrative closure can be taken. in charge by DIRRECT, the differential to achieve the maintenance of salary remaining the responsibility of the company.
For guaranteed holidays, I call on the unions of employees to reason.
To refuse to have these days covered also during a period of partial unemployment with a differential covered by the employer would amount to shooting yourself in the foot and running the risk of sinking with the ship.
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Xavier Denamur: "It is not for companies to pay the fifth week of paid leave of their employees"
In this period, both from a health and economic point of view, everyone in their measure must make an effort so that all together we emerge from this difficult step.
The employment contract, like any contract, must be performed in good faith by each of the parties.
Employers and employees must each make an effort to adapt to exceptional circumstances.
The balance of the contract is upset if the employer is asked to make efforts.
Please ensure that we do not have the rest of the cash from an EMP when the day of return to work and various reimbursements have been decreed.
Long live France and long live the Republic.
