What is the impact of short-time work on the employment contract?
Verified 01 January 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Labor
Partial activation is a simple change in working conditions. It is not a change in the contract of employment. 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 carry out another activity under certain conditions.
Partial activity and employment contract
Placing in partial employment is not a amendment of the employment contract of the employee. The employee cannot refuse.
During periods when the employee is in partial employment, the employment contract is suspended. This period of suspension is not taken into account for the employee's seniority, except treaty provisions or use more favorable in the company.
Please note
the employee must not telework for his employer during periods of total or partial reductions in activity.
Cumulation of jobs
The employee may work with another employer provided that the following 3 conditions are met:
- Fulfill their duty of loyalty (not to engage in activities concurrent with those of their employer)
- Not to have an exclusivity clause in his employment contract (clause prohibiting him from cumulation of posts)
- Inform their employer of their decision to take up another occupational activity, specifying the name of the employer and the estimated duration of work
The employer does not have to comply with any advance notice period to ask the employee to resume his activity in the company.
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
The employee must not exceed maximum permitted working hours.
In case of reduced activity
The working hours of the different employers must not exceed maximum permitted working hours.
For periods not worked, the employee receives a partial activity allowance for short-time work paid by the employer.
In the case of overlapping of jobs, the employee shall receive the partial activity allowance paid by his usual employer and the salary received by the other employer.
Paid Leave
Non-working hours are taken into account when calculating entitlements to paid leave.
Public holidays
The employer must retain the remuneration of employees with 3 months' seniority in the company, except treaty provisions or use more favorable in the company.
Since July 1, 2021
Employees do not benefit from collective guarantees of supplementary welfare and mutual benefit. However, a collective agreement may provide for such maintenance.
From 12 March 2020 to 30 June 2021
Employees benefit from collective guarantees of supplementary welfare and mutual benefit between the 12 March 2020 and the June 30, 2021, even if the agreement to set up these arrangements provides otherwise.
Until March 11, 2020
Employees do not benefit from collective guarantees of supplementary welfare and mutual benefit. However, a collective agreement may provide for such maintenance.
The period of partial activity shall be eligible for the allocation of the holding and the profit-sharing.
If this distribution is proportional to the duration of the employee's presence, all the non-working hours are taken into account for the calculation of the distribution of the participation and profit-sharing.
Where it is proportional to salary, the wages taken into account are those which the employee would have received had he not been placed in partial employment.
Employees placed in partial activity may benefit of vocational training measures.
Basic pension
As of March 12, 2020
Periods of partial activity without work are used to validate quarters of old-age insurance for basic retirement.
A quarter is validated for each 220-hour period during which the insured person received partial activity benefits.
Before March 12, 2020
Periods of partial activity without work do not allow to validate quarters of old-age insurance for the basic pension.
Supplementary pension from the AGIRC-ARRCO scheme
The periods of partial activity taken into account are those compensated for exceeding the threshold of 60 hours per calendar year.
Collective supplementary pension in the event of suspension of contract
Subject matter, remuneration, training of employees
Conditions, duration, remuneration, employer commitments
Assimilated Periods (Validation Conditions)
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