What are the implications of partial unemployment on the employment contract?
Verified 01 January 2023 - 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 engage in 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 that 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 (cumulation)
- 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.
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 shall receive 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 Leaves
Hours of rest 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 benefit from 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 the 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 benefit from 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 that the employee would have received had he not been placed in partial employment.
Employees in partial employment may benefit from 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.
- Instruction No. DSS/3C/5B/2021/127 of 17 June 2021 on the social treatment of the financing of collective and compulsory supplementary benefits in the event of suspension of the employment contractCollective supplementary provision in case of suspension of contract
- Labour Code: Articles L5122-1 to L5122-5Subject matter, remuneration, training of employees
- Labour Code: Articles R5122-1 to R5122-26Terms, duration, remuneration, employer commitments
- Social Security Code: Article R351-12Equivalent periods (validation conditions)
- FPDD Circular No. 2013-12 of 12 July 2013 on the implementation of the partial activity (PDF - 1.4 MB)
- Remuneration of the part-time employeeService-Public.fr