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Remuneration of an employee who is partially unemployed

Verified 01 janvier 2022 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labour

In the case of partial employment, employees who have lost their wages due to the reduction in their working time are compensated by the employer. In return, the latter receives a partial activity allowance co-financed by the State and the Unedic.

In the event of a reduction or suspension of company activity, some employees may benefit from partial unemployment.

Employees concerned

General case

An employee with a contract of employment under French law (CDI, CDD (in particular) benefits from partial unemployment, whether:

  • Full-time or part-time
  • Package agreement in hours or days of the year
  • Traveller, Representative and Placer (VRP)
  • Employee employed in France by a foreign company without establishment in France
  • Paid at the stamp
  • Acting employee on assignment contract following suspension, cancellation or termination of a signed contract of supply
  • In the framework of the salary carry
  • Executive in case of total closure of the company or part thereof (e.g. closure of a company workshop or service)
  • Home worker paid for the job
  • Freelance journalist

Vulnerable persons, child care or persons with disabilities

The following persons shall be granted partial unemployment until a date fixed by decree and at the latest until 31 July 2022 :

  • Vulnerable
  • Parents forced to keep their child from the 2 September 2020
  • Parents forced to keep a disabled person from the 2 September 2020

  FYI : since 1to in September 2020, persons living with vulnerable persons no longer benefit from partial unemployment.

Excluded employees

The following employees do not benefit from partial unemployment:

  • Employees whose reduction or suspension of work is caused by a collective labour dispute (e.g. strike)
  • Employees with a contract of employment under French law who work at the foreigner
  • Expatriate employees with local law contracts

General case

The hours compensated shall be those not worked within legal working time or if it is less than the collective or contractual period.

Working time greater than 35 hours

Duration of employment contract (contract agreement)

Contract of employment concluded before 24 April 2020

The hours compensated shall be those nonworking within the limit of the duration of the employment contract (e.g. 39 hours per week or 169 hours per month).

  FYI : package agreement is provided for in the employment contract or attractive to this one.

Contract of employment concluded from 24 April 2020

The hours compensated shall be those not worked within legal working time or if it is less than the collective or contractual period.

  FYI : package agreement is provided for in the employment contract or attractive to this one.

Duration of collective agreement

Collective agreement concluded before 24 April 2020

The compensable hours shall be those without work within the working time limit laid down incollective agreement.

For example, in the National Collective Agreement for Hotels, Cafes and Restaurants, the conventional working time is 39 hours per week.

Collective agreement concluded from 24 April 2020

The hours compensated shall be those unemployed within the limit of the collective working time.

General case

The employer shall pay the employee compensation equivalent to 60%of his gross salary per hour unemployed, or 72% net hourly wage.

This allowance may not be less than €8.37 net, not more than €28.54 per nonworking hour.

The allowance is paid by the employer at the usual date of payment of salary.

The employer must include on the employee's pay slip (or in an attached document) the number of hours compensated, the rates applied and the amounts paid.

A collective agreement or agreement and a unilateral decision of the employer may provide for additional compensation.

In the event of a safeguard, reorganisation or judicial winding-up, the Service and Payment Agency (ASP) pays the sum directly to the employee by decision of the Prefect.

Sectors protected

The companies of the 66 sectors covered by the following activities are concerned:

  • Tourism
  • Hotels
  • Recovery
  • Sport
  • Culture
  • Transport of persons
  • Event

Establishments in these sectors are those that experience a loss of revenue of at least 65% from 1to December 2021.

The employer shall pay the employee compensation equivalent to 70%of his gross salary per hour unemployed. It corresponds to about 84% net hourly wage.

This allowance may not be less than €8.37 net, not more than €8.37 per nonworking hour.

The allowance is paid by the employer at the usual date of payment of salary.

The employer must include on the employee's pay slip (or in an attached document) the number of hours compensated, the rates applied and the amounts paid.

A collective agreement or agreement and a unilateral decision of the employer may provide for additional compensation.

Related sectors with lower turnover

The related sectors are those whose activities are related to the tourism, hotel, catering, sport, culture, air transport and events sectors.

Establishments in these sectors are those that experience a loss of revenue of at least 65% from 1to December 2021.

The employer shall pay the employee compensation equivalent to 70%of his gross salary per hour unemployed, or 84% net hourly wage.

This allowance may not be less than €8.37 net, not greater than €33.30 per nonworking hour.

The allowance is paid by the employer at the usual date of payment of salary.

The employer must include on the employee's pay slip (or in an attached document) the number of hours compensated, the rates applied and the amounts paid.

A collective agreement or agreement and a unilateral decision by the employer may provide for additional compensation.

Closed companies for sanitary measures

The companies concerned are:

  • Involving public reception and closed administratively
  • Located in a territory subject to health restrictions (e.curfew.) and experiencing a decrease in their turnover of at least 60%

The employer shall pay the employee compensation equivalent to 70%of his gross salary per hour unemployed, or 84% net hourly wage.

This allowance may not be less than €8.37 net, not greater than €33.30 per nonworking hour.

The allowance is paid by the employer at the usual date of payment of salary.

The employer must include on the employee's pay slip (or in an attached document) the number of hours compensated, the rates applied and the amounts paid.

A collective agreement or agreement and a unilateral decision by the employer may provide for additional compensation.

Vulnerable

The employer shall pay the employee compensation equivalent to 70%of his gross salary per hour unemployed, or 84% net hourly wage.

This allowance may not be less than €8.37 net, not more than €33.30 per nonworking hour.

The allowance is paid by the employer at the usual date of payment of salary.

The employer must include on the employee's pay slip (or in an attached document) the number of hours compensated, the rates applied and the amounts paid.

A collective agreement or agreement and a unilateral decision of the employer may provide for additional compensation.

In the event of a safeguard, reorganisation or judicial winding-up, the Service and Payment Agency (ASP) pays the sum directly to the employee by decision of the Prefect.

  Please note : employees on a contract of apprenticeship or of a professional nature whose remuneration is less than Smicalso receive a partial hourly allowance. Its amount is equal to the percentage of Smicor the treaty provisions applicable to them.