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Covid-19

Empowerment of the Government to legislate in the field of Labour law

The Government is empowered by the Emergency law to deal with the covid-19 epidemic to legislate by means of Order for 3 months as of March 23, 2020, if necessary retroactively as of March 12, 2020, in respect of :

- limiting the termination of employment contracts and mitigating the effects of the decline in activity, by facilitating and strengthening the use of partial activity for all companies, whatever their size, in particular by temporarily adapting the social regime applicable to the indemnities paid in this context; by extending it to new categories of beneficiaries; by reducing, for employees, the remaining amount

payable by the employer and, for the self-employed, the loss of income; by adapting its implementation procedures; by encouraging better coordination with vocational training and better consideration of part-time employees;

- adapting the conditions and procedures for awarding additional compensation in the event of absence due to illness or accident (Article L. 1226-1 of the Labour Code);

- allowing collective company or branch agreements to authorize the employer to impose or modify the paid leave schedule (within the limit of six working days), by breaking from with the notice periods and with the procedures for taking such leave set out by the Labour Code and by the collective agreements applicable within the company;

- allowing any employer to unilaterally impose or modify the dates on which days of reduced working hours (RTTs), rest days provided for in a package working time scheme (“conventions de forfait) and rest days allocated to the employee's time-savings account (“Compte épargne temps”) are taken, by breaking from the notice periods and terms of use defined by the Labour Code, by the collective agreements, and by the general status of the public service;

- allowing companies in sectors particularly necessary for national security or the continuity of economic and social life to break from the rules of public order and the collective agreements’ stipulations relating to working hours, weekly rest and Sunday rest;

- modifying, on an exceptional basis, the deadlines and terms of payment of the sums under the compulsory profit-sharing scheme (i.e.“intéressement”) pursuant to Article L. 3314-9 of the Labour Code and the profit-sharing scheme (i.e.“participation”) pursuant to article L. 3324-12 of the same Code;

- modifying the deadline and the terms of payment of the exceptional purchasing power bonus mentioned in Article 7 of Law n°. 2019-1446 of 24 December 2019 pertaining to the financing of social security for 2020;

- adapting the organization of the election mentioned by Article L. 2122-10-1 of the Labour Code, by modifying, if necessary, the definition of the electorate, and, consequently, to extend, on an exceptional basis, the terms of office of the labour tribunal judges and the members of the joint regional inter-professional commissions;

- adjusting the ways and means of the occupational health services defined in Title II of Book VI, Title II of Part IV of the Labour Code, in particular the monitoring of the state of health of workers, and to define the rules according to which the monitoring of the state of health is ensured for workers who have not been able, because of the epidemic, to benefit from the monitoring provided for by the same Code;

- modifying the procedures for informing and consulting staff representative bodies, in particular the Social and Economic Committee, to enable them to issue the required opinions within the time limits laid down, and to suspend the electoral processes of the social and economic committees currently under way;

- amending the provisions of Part 6 of the Labour Code, in particular to enable employers, training bodies and operators (such as CFAs mainly) to meet legal obligations in terms of quality and registration of certifications and authorizations, and to adapt the conditions of remuneration and payment of social contributions for vocational training trainees;

- adapting, on an exceptional basis, the procedures for determining the periods of allocation of the replacement income mentioned in Article L. 5421 2 of the French Labor Code, i.e. the back-to-work allowance (ARE).