Title II: Aid to maintain and safeguard employment

In the event of safeguard or receivership proceedings or compulsory liquidation, or of financial difficulties on the part of the employer, the Prefect, or by delegation the Regional Director of Companies, Competition, Consumption, Labour and Employment, may arrange for the payment of the partial activity allowance to be made by the Agency for Services and Payment: 1° Directly to the employees ; 2° Or, where applicable, to the court-appointed agent…

In the cases provided for in article R. 5122-16, a document containing the information provided for in 16° of article R. 3243-1 is given to the employee by the Agence de services et de paiement.

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…

Subject to the provisions of article L. 5122-3, the number of hours which may justify the allocation of the partial activity allowance corresponds to the difference between the legal working time over the period in question or, where this is lower, the collective working time or the time stipulated in the contract, and the number of hours worked over the said period. For the application of this article, the legal…

The Agence de services et de paiement is authorised to implement automated processing of personal data contained in prior requests for authorisation to be placed in a partial activity position and requests for compensation pursuant to articles R. 5122-2 and R. 5122-5. The purpose of the automated processing is 1° The management, control and monitoring of prior requests for authorisation to place employees on partial activity and requests for compensation…

The categories of personal data recorded are as follows: 1° In the event of payment of the partial activity allowance to the establishment, the judicial representative or the association mentioned in Article L. 3253-14: a) The connection identifiers ; b) The employees’ first and last names; c) The registration number in the national register for the identification of natural persons; d) Socio-professional category; e) The bank details of the establishment,…

With the exception of the registration number in the national register for the identification of natural persons, the data in the data processing system may only be used for the purposes mentioned in 1°, 2° and 3° of article R. 5122-20, by employees of the administrations and bodies mentioned below, designated and authorised by the authority responsible for these administrations and bodies: 1° The general delegation for employment and vocational…

The data, with the exception of surnames and, where applicable, customary names, as well as the registration number in the National Register for the Identification of Natural Persons, are sent to agents of the statistical services of the Ministry responsible for employment, designated and authorised by the authority responsible for these services, for the sole purpose mentioned in 3° of Article R. 5122-20.

Personal data may not be kept for more than five years. However, in the event of a dispute relating to a claim for compensation, the corresponding data is kept until the case is finally settled. The recording, use, storage and transmission of such data shall be carried out in such a way as to guarantee its confidentiality.

The rights of access and rectification provided for in articles 39 and 40 of law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms may be exercised with the Agence de services et de paiement.