The employee placed on partial activity receives an hourly allowance, paid by his employer, corresponding to 60% of his gross remuneration used as a basis for the paid holiday allowance as provided for in II of article L. 3141-24 , reduced to an hourly amount based on the legal working time applicable in the company or, where this is lower, the collective working time or the time stipulated in the employment contract.
The maximum remuneration taken into account for the calculation of the hourly allowance is 4.5 times the hourly rate of the interprofessional minimum growth wage.
For employees who receive variable elements of remuneration or remuneration paid on a non-monthly basis, the reference salary used to calculate the indemnity and the partial activity allowance takes into account the average of these elements of remuneration received over the twelve calendar months, or over all the months worked if the employee has worked less than twelve calendar months, preceding the first day on which the company is placed on partial activity.
During the training actions mentioned in article L. 5122-2 implemented during the hours of unemployment, this hourly allowance is increased to 100% of the employee’s previous net remuneration.
For employees on apprenticeship or professionalisation contracts, the allowance referred to in article L. 5122-1 may not exceed the amount of the hourly allowance payable by the employer.
The net allowance paid by the employer may not exceed the employee’s usual net hourly pay. The net indemnity and remuneration are after deduction of the compulsory contributions withheld by the employer.
For employees of temporary work companies governed by Chapter One of Title V of Book II of Part One of this Code, with the exception of those mentioned in Article L. 1251-58-1, and for employees mentioned in Article L. 3123-1, the hourly rate of partial activity compensation may not be less than the hourly rate of the interprofessional minimum growth wage, subject to the provisions of the last paragraph.
When the hourly rate of pay of an employee mentioned in the previous paragraph is lower than the hourly rate of the minimum growth wage, the hourly rate of partial activity allowance paid to him is equal to his hourly rate of pay.