Actance Tribune
What's NEW under French Employment Law?
N° 28 – June 19, 2024
The next unemployment insurance agreement
The current unemployment insurance rules expire on June 30, 2024. The employer-employee representatives having failed to reach an agreement on the new unemployment insurance rules, the current government has decided to take back control by decree.
A draft decree has recently been circulated, providing for the extension of the current rules from July 1, 2024, and the introduction of new, tighter rules from December 1, 2024.
The main measures set out in the draft decree are as follows:
- Increase in the minimum period of affiliation:
- Currently, an unemployed employee aged under 53 must provide proof of 6 months’ work during the 24 months preceding the end of his/her employment contract.
- From December 1, 2024, an unemployed employee aged under 57 will have to provide proof of 8 months’ work in the last 20 months.
- Decrease in maximum benefit period: From December 1, 2024, the maximum benefit period will be reduced from 18 to 15 months for employees under 57.
- Specific measures for seniors:
- Minimum period of affiliation increased:
- Currently, an unemployed employee aged at least 53 must provide proof of 6 months’ work during the 36 months preceding the end of the employment contract.
- From December 1, 2024, an unemployed employee aged 57 or over will have to provide proof of 8 months’ work in the last 30 months.
- Reduced maximum benefit period: From December 1, 2024, the maximum benefit period will be reduced from 27 to 22.5 months.
- Creation of a « senior activity bonus »: From December 1, 2024, job seekers aged 57 or over who return to work will be able to continue receiving part of their unemployment benefits in addition to their salary, if the new job pays less than the previous one.
- Minimum period of affiliation increased:
- Monthly payment of unemployment benefits: From December 1, 2024, unemployment benefits will be paid monthly, based on 30 daily benefits, regardless of the number of days in the month.
- New countercyclicality threshold:
- Currently: the benefit period is reduced by 25% when the unemployment rate falls below 9%. This rate is currently stagnating at around 7.5%.
- After the reform, if the 6.5% unemployment rate threshold is reached, the benefit period will be reduced by 40%.
However, following the results of the European elections on June 9, the President of the French Republic dissolved the National Assembly. New general elections are scheduled for June 30 and July 7.
Whatever the outcome of the general elections, we expect the new government to extend the current rules until December 2024. It is not certain, however, whether the new government will pursue the idea of introducing new, tighter rules.
We will keep you posted on the new rules!
Practical information on the Paris 2024 Olympic and Paralympic Games
As a reminder, in the prospect of the 2024 Olympic and Paralympic Games, which will be held this summer in Paris, several exceptional measures have been planned to guarantee the security, protection of rights and efficient organization of these events.
More specifically in Employment law, existing legal provisions have been adapted to support companies.
To minimize the impact of the 2024 Olympic and Paralympic Games on business activity and operations, the Ministry of Labor has published a guide detailing the arrangements that employers can put in place on this occasion.
The government has also launched a digital platform to issue « Games Pass » (“Pass jeux”) and organize traffic in certain areas during this period.
We take stock of all these measures.
1 – Temporary exemptions from the Sunday rest
From June 15 to September 30, 2024, in connection with the Olympic and Paralympic Games, the legislator has provided for the possibility of certain retail sites opening on Sundays, with prefectoral authorization.
This system is used in the absence of any other exemption already available to the employer.
This applies to retail sites offering goods or services located in the cities where the competition sites are located, as well as in cities bordering on or near these sites.
In practice, these are:
- food retailers.
- sports and leisure goods retailers.
- bookstores and stationerys.
- multi-shop stores.
- department stores.
- ready-to-wear clothing stores.
- bicycle and motorcycle stores.
Regarding the city of Paris, the Prefect of Paris has announced that the scope of application of these exemptions from Sunday rest has been extended to all the arrondissements of Paris.
In practice, retailers wishing to benefit from this exemption from Sunday rest can apply to the prefecture 5 weeks prior to the date requested.
2 – Exceptional exemption from the rules governing weekly rest periods for employees
Under French law, employees must have at least one day of rest per week, which in principle is Sunday (art. L. 3132-1 et seq. of the French Labor Code).
For the period from July 18 to August 14, 2024, the weekly rest period for employees facing an extraordinary increase in workload may be granted on a rotating basis and on a day other than Sunday, with compensatory rest for the employee.
The rule applies to companies involved in the filming, transmission, broadcasting and retransmission of competitions organized as part of the games, or in activities relating to the organization of events and the operation of sites linked to the organization and running of the games.
Exemptions of rest periods must be voluntary for the employee, who must give his/her written consent to the employer.
Employers who impose Sunday shifts or fail to provide compensation may be liable to a 5th class fine (i.e., up to €1,500, or €3,000 in the event of a repeat offence).
3 – Restricted traffic in certain areas
The French government has introduced a pass known as the « Pass jeux« , to organize traffic within the Olympic and Paralympic Games perimeters, over the period from July 18 to August 11 and then from August 28 to September 8, 2024.
The « Pass Jeux » is an individual digital pass in the form of a QR code, issued by the police prefecture.
For details of the areas concerned, and to check whether their employees are affected, employers can visit the following website: https://www.pass-jeux.gouv.fr/.
Reasons for access (residence, work, delivery, breakdown service, moving house, medical appointment, etc.) must be justified when applying for the « Pass Jeux« .
For work-related requests, the employee must provide proof of employment (notably an employment contract or employer’s certificate).
Employers may apply on behalf of their employees, up to a limit of 15 people per application.
4 – Conditions of practical organization in the workplace
Employers have several options for improving their organization and ensuring the safety, health and well-being of workers during the Olympic and Paralympic Games:
- First option – Teleworking:
- by collective bargaining agreement (industry-wide, company-wide, site or group-wide agreement).
- in the absence of a collective bargaining agreement, by a charter drawn up by the company after consulting the works council (“CSE”).
- by agreement between the employee and the employer (in the absence of a collective bargaining agreement).
- Second option – Use of staggered working hours:
To avoid public transport congestion and longer commuting times.
- Third option – Raising employee awareness of « best practices »:
- Set up face-to-face appointments before or after the 2024 Olympic Games.
- If this is not possible, schedule appointments at staggered times.
- As far as possible, schedule appointments remotely (via Teams, for example).
- Other options – Use of paid vacation and rest days
Note: Questions/Answers (in French) are available on the Ministry of Labor website, detailing how to implement these measures.