what about school holidays? What salary?


PARTIAL UNEMPLOYMENT COVID. Under certain conditions, parents can be placed on partial unemployment during school holidays. They then receive an indemnity instead of the salary.

[Mis à jour le 13 avril 2021 à 12h33] School holidays have started. Due to the coronavirus epidemic, the executive has revised the spring break calendar: all students are on leave until April 26, regardless of their zone. In this context, the daily life of parents can be turned upside down. The Ministry of Labor has invited employers to facilitate the taking of leave of the employees concerned. If taking leave is not possible, and subject to the employer’s agreement, the employee may be placed on short-time work, under certain very specific conditions (read below).

In partial unemployment, employees receive compensation representing 84% of your net salary. It is then up to your employer to compensate or not the difference between the allowance and your remuneration. A priori, your income may therefore decrease. Are you wondering about the terms of payment of this partial unemployment benefit? Do not panic. Nothing changes, everything will be entered on your payslip (read below). In addition, your employer remains in charge of paying the allowance, on the same dates as your usual salary.

Note: during a meeting with the social partners on Monday April 12, the Minister of Labor called on employers to employ seasonal workers now for this summer, then to resort to partial unemployment in a second time if necessary, according to RTL information, confirmed by a press release published on Tuesday. “This measure concerns between 100,000 and 150,000 seasonal workers,” said the ministry in the press release.

According to an initial assessment, 56% of winter seasonal workers were able to be taken care of through partial activity. “The opening of the partial activity to seasonal ski resorts has made it possible to protect a large number of workers despite the closure of the ski lifts this season”, greeted the Minister. “At the request of professionals affected by the health restrictions, we have decided to extend this system to recurring seasonal workers in the spring / summer season which is about to start. We want to send a positive signal to these sectors. hiring of workers who derive their main source of income from this activity as well as companies which experience seasonal activity to enable them to be ready for the recovery “.

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Under certain conditions, some parents can ask their employer to be placed on partial unemployment. In detail, your child should be under 16 and you must be in theinability to telecommute. Asked by the business daily Les Echos, Elisabeth Borne’s entourage said that an employee who finds himself unable to telework because his children are young, must inform his employer, so that he this places it in partial activity. “Each employee can have a discussion with his employer / manager according to his personal situation; we put a remaining charge to zero [pour l’employeur] to make things easier “, we detailed in the daily Les Echos.

You must be able to provide your employer with proof that the school is unable to accommodate your child, as well as a sworn statement indicating that you are the only one of the two. parents to apply for partial unemployment.

But what about the specific period of school holidays now set from April 10 to 26? The Ministry of Labor has invited employers to “facilitate the taking of leave for their employees who have children on the new school holiday dates”. “In common law, the period of consideration is usually one month to take leave,” it was recalled in a press release. “In good agreement between the employee and the employer, it may be decided to modify the dates of leave initially planned within a shorter period. In certain cases, the possibility for the employer to impose on the employee the taking of days off. holidays or RTT, provided for by the decree of December 16, 2020, may also be used “. If you are unable to bring your holidays forward, to telework and you have no childcare arrangement, then you can apply to be placed on short-time work.

The catering sector, such as events, sport and culture, is one of the sectors highly affected by the coronavirus health crisis, known as protected. Catering establishments are not in fact authorized, for the time being, to receive the public. As such, the catering sector therefore benefits from partial unemployment under ordinary law, with full support from the State.

This 100% support is intended to be maintained until the end of April 2021, at least. The current conditions of partial unemployment are also maintained until the end of April for companies which are not part of the protected sectors. On May 1, on the other hand, the remainder to be borne by companies should be revised upwards and employee compensation will be revised downwards.

Part-time workers no longer receive their usual remuneration. Compensation is paid in lieu of wages. In detail, seuls employees at Smic (CDD or CDI), part-time minimum wage employees and employees in training receive their entire salary. If you are not in this case, your income will decrease. The indemnity represents 70% of your gross salary (84% of your net compensation). Your collective agreement may, in certain cases, be more advantageous and raise the limit beyond 84%.

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Are you looking to calculate the amount of your compensation? A simulator has been made available on the website of the Ministry of Labor, here. You must enter several information: the rate of your gross hourly wage, the number of hours not worked, and the working time duration of your contract (in hours). You get an estimate of your gross remuneration, including your classic salary share and your indemnity, depending on the number of hours not worked.

The employer remains in charge of paying the partial unemployment benefit. The State intervenes a posteriori to pay an allowance to the employer. As an employee, you receive the indemnity on the same dates as your salary in normal times. Every month, you get a summary, which can appear on your payslip. The allowance is visible on the payslip, via a line “partial activity allowance for hours not worked“, above the line” net payable before income tax “. As specified by Urssaf on its dedicated website, the partial unemployment benefit is not subject to “social security contributions and contributions”, but it is subject to the CSG and the CRDS. A single rate of 6.2% applies for the CSG and 0.5% for the CRDS, we were told. ATkeep in mind that the withholding tax continues to apply.

They had been promised in May. Two decrees were published in the Official Journal on Wednesday 2 December, finally providing details on the methods for taking into account periods of partial unemployment for pension rights. “The text specifies the procedures for taking into account periods of partial activity included between March 1, 2020 and December 31, 2020 in respect of pension rights taking effect from March 12, 2020, in particular by setting a quota of hours for which the employee placed in a situation of partially compensated activity can validate a quarter in respect of the basic pension “, perhaps we read in the preamble of decree n ° 2020-1491. Clearly, if you have been on short-time work this year, these periods will indeed open up pension rights. He fixes a minimum of 220 compensated hours to validate a quarter contributed to the general scheme. As an indication, the second decree more specifically concerns the insured of certain special schemes (Electricity and gas industries, SNCF, RATP).

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A priori, the partial activity should therefore not have noticeable effects on your insurance period, whatever the level of your income. On the other hand, periods of partial unemployment can have an impact on the amount of the basic pension, notes Le Figaro, because allowances are not taken into account in the calculation of the average annual salary. “This is not very serious for those who are at the beginning of their careers (…). On the other hand, it can become so for those who are closer to retirement age and who were counting on the 2020s and 2021 to improve their average annual salary, “warns Dominique Prévert, of the Optimaretraite firm, to the daily.

Within the framework of the partial long-term activity, companies are authorized to reduce working time by up to 40% for a maximum of two years, in exchange for employment guarantees, until June 30, 2022. To do this, they will have to conclude a majority collective agreement (branch or company).

“The agreement defines: 1 ° The start date and duration of application of the specific partial activity device; 2 ° The activities and employees to which this device applies; 3 ° The maximum reduction in working hours within the legal period; 4 ° Commitments in terms of employment and vocational training; 5 ° Information procedures for signatory employee unions and employee representative institutions on the implementation of the agreement. This information takes place at least every three months “, we can read in the decree of July 30. “The employer sends the administrative authority (Direccte), before the expiry of each specific partial activity authorization period, a report on compliance with commitments (…)”.

What about small businesses without a union representative? The agreement can go through a referendum. Please note that the APLD is not incompatible with the implementation of a social plan. Partial long-term activity “is granted within the limit of twenty-four months, consecutive or not, over a reference period of thirty-six consecutive months”. The employee is compensated for 84% of his net remuneration. The company must assume a remains chargeable to 15%. The training costs can be covered up to 80%. In total, more than 6,000 companies, 60% of which have fewer than 20 employees, are covered by a long-term partial unemployment agreement, the Minister of Labor said. “We have 420,000 employees covered,” she added. “It works beyond what we had imagined.”

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