The employer will be able to impose the taking of paid leave during the period of confinement, in the limit of a week.

The bill of a health emergency against the coronavirus, of which the financial aspect has been adopted Friday by Parliament, provides for several measures to support enterprises, notably through an easing of the labour code. Tour of the horizon.

paid leave imposed

This is the main measure to be applied. The employer may impose the taking of paid leave during the period of confinement, in the limit of a week. According to the labour code, currently without a collective agreement, the employer may not “change the order and dates of departure less than a month before the scheduled date”. “Our intention in the act is to reduce this period, so that we can adapt to the current situation. It is therefore a provision which already exists which reduces the time of implementation,” explained this on Friday morning, the government spokesman, Sibeth Ndiaye, on BFMTV and RMC.

article 7 of the draft act health emergency presented by the government empowers it to “allow any employer to impose or unilaterally change the dates of capture of a part of paid leave and days of reduction in working time and days off assigned on the time savings account of the employee” in derogation “in time of consideration and terms and conditions of use” defined in the labour code, the conventions and collective agreements as well as the general status of the public service.

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The government could, by order, allow businesses to fix a portion of the paid leave during the confinement period. In the entourage of Muriel Pénicaud, we presented this measure on Wednesday as “a reasonable effort” asked the employee when the State “puts in place a plan exceptional to save jobs and avoid redundancies”.

This amendment must still be voted on in the national Assembly debate the bill Saturday. The text does not, however, at this stage limited to the imposition of taking days of RTT and days of time-savings account. The clearance also allows the government to “change the terms of the acquisition of paid leave”. The government has not indicated whether this included the periods of partial unemployment, which currently give the right to the acquisition of paid leave.

The 35-hour rushed

The terms used in the text of the law is relatively unclear, but it theoretically allows some companies to waive the 35 hours. Article 7 of the draft, yet he says that the government may “by order, within a period of three months from the publication of the present law”, “allow businesses in sectors that are particularly necessary to the security of the nation or the continuity of the economic and social life to derogate from the rules of the labour code and to treaty stipulations relating to the duration of work, weekly rest and Sunday rest”.

The minister of Labour Muriel Pénicaud has vaguely outlined the contours : “It may be the power supply, the production of medical equipment, for example”. The sub-sectors concerned will be listed by decree, she added.

bills carried forward for companies in trouble

the president of the Republic had announced last week, arguing that “the State will pay”, and the bill provides for a modification in the schedules of payment “of the rent, water bills, gas and electricity related to local professionals, to waive the financial penalties and suspensions, interruptions or reductions of supplies that may be applied in the case of non-payment of these bills for the benefit of very small businesses whose activity is affected by the spread of the epidemic”.

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in addition, the government reserves the right to change, by ordinance, “the law of collective proceedings and companies in difficulty in order to facilitate the preventive treatment of the consequences of the health crisis”.