A detailed circular was published on 4 May 2012 by the DGEFP [General Delegation for Employment and Training] on all of the recent amendments to the instrument on short-time work (DGEFP Circular 2012/08 of 4 May 2012 NOR: ETSD1222939C).
In fact, no less than three executive orders have recently amended certain provisions in the Labor Code on short-time work and long-term short-time working arrangements.
- The decree of 7 February 2012 was aimed at extending the possibilities for training, skills assessments or recognition of prior experience in the context of long-term short-time working agreements. It also increases the hourly payment to the employee on short-time paid to him or her during these training periods to 100% of the employee’s net salary (Decree No. 2012-183 of 7 February 2012, NOR: ETSD1202684).
- The decree of 28 February 2012 increased the hourly sum of the specific short-time workers’ benefit for which the State must pay to 4.84 euros for companies with 1 to 250 employees and 4.33 euros for companies with over 250 employees.
Moreover, this decree temporarily reduced the minimal duration of agreements giving rise to an entitlement to benefit from long-term short-time working arrangements, lowering the duration from three to two months up to 30 September 2012.
Finally, this decree extended the scope of prior consultation with staff representatives concerning training that may be undertaken during long-term short-time work (Decree No. 2012-275 of 28 February 2012, NOR: ETSD1205857D).
- The decree of 9 March 2012 abolished the request for compensation which the employer had to request from the Prefect prior to moving employees onto short-time work. From now on, employers will send their requests for specific allowances after switching to short-time work. The prior opinion of the staff representatives will be transmitted by the employer to the Prefect without delay. In the case of an unfavourable opinion, the employer will have to attach the information presented to them, setting out the grounds for the reduction or temporary suspension of work.
The decree also specifies that employees whose work time is set at an all-inclusive number of hours or days over the year may benefit from the specific short-time workers’ benefit in the case of a temporary closure of all or part of the establishment (Decree No. 2012-341 of 9 March 2012, NOR: ETSD1205432D).