Part Five: Employment

Employers may place their employees in a partial activity position when the company is forced to reduce or temporarily suspend its activity for one of the following reasons: 1° The economic situation; 2° Difficulties in the supply of raw materials or energy; 3° An exceptional disaster or bad weather; 4° The transformation, restructuring or modernisation of the company; 5° Any other exceptional circumstance.

The employer sends the Prefect of the département in which the establishment concerned is located a prior request for authorisation for partial activity. The application shall specify : 1° The reasons justifying recourse to partial activity ; 2° The foreseeable period of under-activity ; 3° The number of employees concerned. If the company has at least fifty employees, it must be accompanied by the opinion previously issued by the Social…

By way of derogation from article R. 5122-2, the employer has a period of thirty days from the date on which the employees are placed on partial activity to send his request by any means giving a certain date of receipt: 1° In the event of suspension of activity due to an accident or bad weather as provided for in 3° of article R. 5122-1; 2° In the event of…

The Prefect of the département in which the establishment concerned is located assesses the information provided by the employer in support of its application, as mentioned in article R. 5122-2, and checks the legality of the conditions for placing employees on partial activity. The authorisation or refusal decision, signed by the Prefect, is notified to the employer within fifteen days of the date of receipt of the authorisation request. The…

In the event of an express or tacit authorisation decision as provided for in article R. 5122-4, the employer may send the Agence de services et de paiement a request for compensation under the partial activity allowance provided for in article L. 5122-1. This request includes : 1° Information relating to the identity of the employer ; 2° The list of names of the employees concerned as well as the…

The partial activity allowance is allocated within the limit of an annual quota of compensable hours set, taking into account the economic situation, by order of the minister responsible for employment.This limit may only be exceeded in exceptional cases resulting from the particular situation of the company, by joint decision of the ministers responsible for employment and the budget.

Within the annual quota of compensable hours, the order of the Minister for Employment sets the number of hours that may be compensated in the event of partial activity justified by one of the reasons provided for in 4° of article R. 5122-1. This limit may only be exceeded in exceptional cases resulting from the particular situation of the company, by joint decision of the departmental prefect and the departmental…

Employers and their employees are not entitled to partial activity allowances and indemnities when the reduction or suspension of activity is caused by a collective labour dispute affecting the establishment in which the employees are employed. However, in the case of a closure of the company or a service decided by the employer following a strike, the payment of allowances and compensation may be authorised by decision of the Minister…

I.-A partial activity authorisation may be granted for a maximum period of three months. It may be renewed under the conditions set out in II and up to a limit of six months, consecutive or otherwise, over a reference period of twelve consecutive months. Notwithstanding the previous paragraph, when the employer places his employees in a partial activity position in application of 3° of article R. 5122-1, the partial activity…