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What are the implications of partial unemployment on the employment contract?

Verified 29 septembre 2021 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Labour

Partial activation is a simple change in working conditions. It is not a modification of the employment contract. The employee cannot refuse such a measure. The employment contract is suspended, but the employee retains certain rights (paid leave, for example). During this suspension of the contract, the employee may perform another activity under certain conditions.

Partial activity and employment contract

Partial Active Placement is not a amendment of employment contract employee. The employee cannot refuse.

During periods when the employee is in partial employment, the employment contract is suspended. This period of suspension shall not be taken into account for the employee's seniority, except treaty provisions or use more favourable in the company.

  Please note : employees must not telework for their employer during periods of total or partial reductions in employment.

Job accumulation

An employee may work with another employer provided the following 3 conditions are met:

  • Respect its duty of loyalty (not to engage in activities competing with that of its employer)
  • Not having an exclusivity clause in his employment contract (clause prohibiting him from (cumulative)
  • Inform the employer of his or her decision to engage in another professional activity, specifying the name of the employer and the expected duration of work

The employer does not have a period of notice to ask the employee to resume his activity in the company.

  FYI : a staff representative may refuse partial activation. However, since 12 March 2021 and until 31 December 2022, he cannot refuse it.

Maximum working hours

An employee who works with another employer during the period of suspension of his contract must comply with the rules concerning maximum working hours.

In case of total suspension of activity

Employee must not exceed maximum working time allowed.

In case of downsizing

The working hours of the various employers shall not exceed maximum working time allowed.

For periods not worked, the employee receives a partial activity allowance for unemployment paid by the employer.

In case of overlapping of jobs, the employee shall receive the partial activity allowance paid by his regular employer and the salary received by the other employer.

Paid Leave

Hours off shall be taken into account when calculating entitlements to paid vacation.

Holidays

The employer must maintain the remuneration of employees with 3 months of seniority in the company, except treaty provisions or use more favourable in the company.

Since 1 July 2021

Employees do not enjoy collective guarantees of supplementary and mutual benefits. However, a collective agreement may provide for this continuation.

From 12 March 2020 to 30 June 2021

Employees shall enjoy collective guarantees of supplementary and mutual benefits between 12 March 2020 and 30 June 2021, even if the agreement to establish such arrangements provides otherwise.

Until 11 March 2020

Employees do not enjoy collective guarantees of supplementary and mutual benefits. However, a collective agreement may provide for this continuation.

The period of partial activity shall entitle to the distribution of the participation and the interest.

If this distribution is proportional to the employee's length of stay, all nonworking hours shall be taken into account for the calculation of the participation distribution and the interest.

When it is proportional to the salary, the wages taken into account are those the employee would have received had he not been placed in partial employment.

Employees in partial employment may benefit vocational training.

Basic Retirement

Effective March 12, 2020

Periods of partial activity without work allow the validation of quarters of old-age insurance for basic retirement.

A quarter is validated for each 220-hour period during which the insured received partial activity allowances.

Before 12 March 2020

Periods of partial activity without work do not allow the validation of quarters of old-age insurance for basic retirement.

Supplementary pension under the AGIRC-ARRCO scheme

The periods of partial activity taken into account are those compensated above the 60-hour threshold per calendar year.