Title II: Aid to maintain and safeguard employment

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…

The administrative authority shall request the employer to reimburse the Agence de service et de paiement, within a period of not less than thirty days, the sums paid in respect of the partial activity allowance in the event of overpayment, in particular where the conditions for their grant have not been complied with, or in the event of non-compliance by the company, without a legitimate reason, with the commitments mentioned…

The hours not worked as part of the partial activity are subject to the payment of the allowance within the limit of the legal working time or, where this is lower, the collective working time or the working time stipulated in the contract for the period in question. Beyond the legal working time or, when it is lower, the collective working time or the working time stipulated in the contract…

The hourly rate of the partial activity allowance paid to the employer corresponds, for each employee authorised to be placed on partial activity, to a percentage of the previous gross hourly remuneration calculated under the conditions of II of article L. 3141-24 and the first and third paragraphs of article R. 5122-18. A decree determines this percentage, as well as the minimum of this hourly rate and the maximum remuneration…

The hourly rate of the partial activity allowance for each employee concerned is equal to 36% of gross hourly pay as calculated in article R. 5122-12, limited to 4.5 times the hourly rate of the interprofessional minimum growth wage. This hourly rate may not be less than 8.21 euros. This minimum is not applicable when their remuneration is less than the interprofessional minimum growth wage, to employees on apprenticeship or…

The partial activity allowance is paid monthly by the Agence de services et de paiement on behalf of the State and the body managing the unemployment insurance scheme. The allowances mentioned in II of article L. 5122-1 are paid to employees on the normal pay date by the employer.

I.-For the application of 3° of II of article L. 5122-3, the methods for calculating the indemnity and the allowance are determined according to the following rules: 1° For employees whose working hours are set by a fixed-rate agreement in days over the year, the days or half-days are converted into hours as follows: a half-day not worked corresponds to 3 hours 30 minutes not worked; -a day not worked…