Employment policy
[La politique de l’emploi s’appuie sur des dispositifs créés au fil des besoins, qui restent parfois méconnus longtemps après leur création. Quelle est leur efficacité contre le chômage ? Elle n’est pas toujours évaluée. Le Monde publie une série d’articles sur les aides à l’emploi pour tenter d’estimer ce que l’on en sait – leur objectif initial, leurs résultats.]
The objective of the device
The faucet of exceptional aid for short-time working has been closed for establishments in so-called “protected” sectors (tourism, hotels, etc.). Only companies subject to administrative closure or located in overseas territories and suffering a drop of at least 60% in turnover still benefit from 100% coverage of the compensation paid to their employees placed on partial unemployment. Unless there is a new twist in the health crisis, this aid ends on March 31.
Faced with this shutdown, companies that continue to suffer the consequences of the health crisis have every interest in turning to long-term partial activity (APLD). This system can still apply to agreements validated until June 30, 2022. Set up in July 2021, the APLD aims to organize partial unemployment over time.
Operation
It allows companies faced with a lasting reduction in their activity to put their employees on partial unemployment for a maximum of twenty-four months, provided that they go through a collective agreement. “It is possible for a company that has already benefited from the use of reinforced partial unemployment to subsequently apply for APLD”, indicates Me Nicolas Léger, partner in the employment law department of Proskauer Avocats.
Within the framework of the APLD, the remainder to be borne by the employer is not nil, but low: the company receives from the State an allowance equivalent to 60% of the gross hourly remuneration of the employee, while it pays him an indemnity corresponding to 70% of his gross salary per hour not worked (i.e. 84% of net salary), with a floor corresponding to the hourly minimum wage and within the limit of 4.5 times the minimum wage.
All companies and associations are eligible for the APLD, from the moment they can justify a drop in activity. Within the framework of an APLD agreement, the employer can reduce the working time of its employees by up to 40%, or even 50% if it justifies a significant deterioration in its activity.
The employer has the possibility of alternating periods of weak and strong reduction, even of total suppression of work: for example, to completely close the company for eight months, over a period of APLD of twenty months. The maximum twenty-four months of APLD can also be spread over a period of thirty-six months.
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