France: companies will be able to ‘determine’ the workers for whom they will implement short-time work arrangements

Originating from a demand by certain sectors, and in particular the services sector, and as a result of a new ordinance adopted by the Council of Ministers on 22 April as part of the nation’s Covid-19 emergency measures, companies will be able to implement partial activity arrangements for employees either on an individualized basis, or according to a non-uniform distribution of hours unworked and worked within the same establishment, department or workshop. For the Ministry of Labour, the aim is to facilitate the handling of a gradual re-opening of business by companies.
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Article 8 of the Ordinance adjusts the conditions for recourse to the partial activity scheme by allowing, on the basis of a collective agreement, or failing that, following a favorable opinion from the WC, the partial employment of employees either on an individual basis or according to a non-uniform distribution of hours worked or not worked in the same establishment, department or workshop. As a result it will be possible to implement partial activity arrangements for only a fraction of the

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