Coronavirus (covid-19)
particular the taking into account the variable
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covid-19-measures-france
particular the taking into account the variable 29 elements of remuneration and overtime, and in particular: – Confirmation: overtime and its increase, even structural, are not taken into account in the calculation of the short-time activity allowance. – Premiums: – The following are taken into account: variable remuneration elements (commissions, for example), bonuses paid calculated on the basis of the employee's attendance time and affected by the short-time activity (annual seniority or attendance bonus, etc.), – The following are excluded: bonuses or indemnities in the form of reimbursement of professional expenses, profit-sharing and incentive schemes, bonuses that are not affected by the short-time activity, exceptional purchasing power bonuses. – The possibility of resorting to the short-time activity without claiming reimbursement from the State. In this case, companies must pay their employees the short-time allowance under the conditions provided for in the Labour Code. In order to benefit from the exemption of social security contributions on short-time activity allowances, companies will have to apply for authorization under the normal conditions of short-time activity. They will not have to apply for compensation afterwards. They will inform the DIRECCTE of this commitment not to benefit from compensation by the State. Furthermore, Decree Nr. 2020-435 specifies the methods for taking into account variable remuneration and expenses (Articles 2 and 3): – Variable remuneration components or paid at a non-monthly frequency: the reference salary used to calculate the compensation and short- time activity allowance also takes into account the average of the variable remuneration components, excluding professional expenses and excluded items (see below), received during the twelve calendar months, or over the totality of the months worked if the employee has worked less than twelve calendar months, preceding the first day of short-time activity in the company. – Excluded from the base are sums representing professional expenses and elements of remuneration, which, although having the character of a wage, are not the counterpart of 30 actual work or are not affected by the reduction or absence of activity and are allocated for the year. Where remuneration includes a fraction of remuneration corresponding to the payment of holiday indemnity, that fraction shall be deducted in order to determine the basis for calculating the compensation and the short-time activity allowance, without prejudice to the payment by the employer of paid holiday. The above-mentioned decree specifies also the methods of application of the short-time activity for executives with annual hour or day-per year scheme (article 1-I-1° and article 1-II). The compensation (see hereafter) and the short- time activity allowance are determined by taking into account the number of hours or days or half days not worked converted into hours according to the following methods: – a half-day not worked corresponds to 3.5 not worked hours, – a day not worked corresponds to 7 not worked hours, – a non-worked week corresponds to 35 not worked hours. Days of paid leave and rest taken during the period provided for and public holidays not worked, which correspond to working days, shall, where appropriate, be converted into hours. The hours resulting from this conversion shall be deducted from the number of hours not worked. The number of hours giving rise to the payment of the compensation and the short time activity allowance may not exceed the legal working hours mentioned in Article L. 3121-27 of the French Labor Code for the period in question. The terms and conditions of application of the short-time activity to sales representatives/ VRP (article 1-I-3° and article 1-II): – Reference monthly remuneration: average gross remuneration received over the last twelve calendar months, or where applicable all calendar months worked if the employee has worked for less than twelve months, preceding the first day of short-time activity (excluding professional expenses and the salary elements provided for in Article 3 of the decree - see below). 31 – Hourly amount determined by relating the amount of the monthly reference pay to the legal working time (35 hours). – Loss of remuneration referred to in Article L. 5122-1 of the French Labour Code corresponds to the difference between the reference monthly remuneration (see above) and the monthly remuneration actually received during the same period. – Number of compensable hours not worked (limit 35 h) corresponds to the difference in remuneration obtained under the preceding paragraph ("loss of earnings") in relation to the hourly amount. Compensation of employees by the employer No change: the employer remains obliged to compensate its employees up to at least 70 per cent of their gross salary - calculated over 35 hours (i.e. approximately 84 per cent of net salary). However, nothing prevents an employer from compensating its employees for more than 70 per cent of the gross salary if it can/wishes to do so. Please note that some collective bargaining agreements (e.g. “Syntec”, Metallurgy, Chemical Industries) provides for rules that are more favorable. 5.5 WORKING TIME The fields concerned, as well as the derogations allowed within the limits set by this Article, will be specified by decree. The draft ordinance provides for derogations in the following areas: – maximum daily working hours (12 hours), – maximum daily duration accomplished by a night worker (12 hours with allocation of compensatory rest), – daily rest period (reduced to 9 hours), – absolute maximum weekly duration (60 hours) and maximum average weekly duration over 12 consecutive weeks (46 hours or 48 hours, to be confirmed) , – maximum average of weekly working time over 12 consecutive weeks of the night worker (44 hours). The principle of weekly rest remains unchanged (except in certain sectors which will be specified by decree and which may derogate from the Sunday rest rule). The decree provides for the Social and Economic Committee (CSE) and the Regional Director for Enterprise, Competition, Consumer Affairs, Labour and Employment (DIRECCTE) to be informed immediately. 32 5.6 HEALTH AND SAFETY Covid-19-related work interruptions and testing The occupational physician can prescribe and renew a work interruption in case of infection or suspicion of infection with Covid-19 and carry out screening tests (awaiting a decree specifying the terms and conditions). Postponement of monitoring visits and other measures (job surveys, incapacity procedures) unrelated to the epidemic Follow-up visits to the occupational doctor (as well as other follow-up measures unrelated to the epidemic) may be postponed, unless there are legal exceptions or the occupational physician's assessment decides the contrary. Maintain of the activity The employee must get a specific form from his employer. The Paris Law Court indicates in a judgement of April 9, 2020 that: – The employer cannot limit only himself to take over the public and official recommendations of the Government. It is up to the employer to justify "having implemented the appropriate health and safety measures and systems", – The risk assessment effort must be assessed in the light of the epidemiological context (brutality, lack of medical treatment, dangerousness and capacity to spread) without being influenced by the number of specific and local incidents and malfunctions (once precautionary and preventive measures have been taken), – The employer must inform employees and employee representatives of the risks, in Download 388.25 Kb. Do'stlaringiz bilan baham: |
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