What is the impact of short-time work on the employment contract?

Verified 02 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Partial activity is a mechanism that allows the employer in difficulty to make to be taken over by the State all or part of the remuneration cost of the employee. The contract of the employee is suspended and the employee is no longer working.

Can the employee refuse the placement in partial employment? Can he work for another employer during the part-time work? What is the impact of partial activity on paid leave?

We're doing an update on the regulations.

Yes, the employment contract the employment contract is suspended.

This period of suspension shall not be taken into account for theseniority of the employee. However, treaty provisions or a use in the company may be more favorable.

No, the employee may not refuse the placement in partial employment.

However, the employer may not impose the partial activity on an employee who has a mandate as a staff representative.

No, the employee may not telework during periods of total suspensions or partial activity.

Yes, the employee may work with another employer provided that the following three conditions are met:

  • Compliance with the duty of loyalty (not to engage in activities concurrent with those of his employer)
  • Absence of an exclusivity clause in the contract of employment (clause prohibiting it from cumulation of posts)
  • Inform the employer of his decision to pursue another occupational activity, specifying the name of the employer and the estimated duration of work.

An employee who works for another employer must comply with the rules concerning maximum working hours.

They vary depending on total suspension or partial activity.

Répondez aux questions successives et les réponses s’afficheront automatiquement

In case of total suspension of activity

The employee must not exceed maximum permitted working hours.

In case of partial suspension of activity

The working hours of the different employers must not exceed maximum permitted working hours.

No, the employer does not have to comply with a time limit to ask the employee to resume his activity in the company.

For periods not worked, the employee receives a partial activity allowance paid by the employer.

In the case of overlapping of jobs, the employee shall receive the partial activity allowance paid by his usual employer and the salary received by the other employer.

The non-working hours shall be taken into account for the calculation of entitlements to paid leave.

Pay varies depending on whether holidays are usually worked or unemployed, i.e. not worked, in the company.

Public holidays normally not attended

The employee may not be placed in a position of partial employment during these days.

The employer must retain the remuneration of employees with 3 months' service in the company. Of treaty provisions or a use in the company may be more favorable.

Public holidays usually worked

These days are compensated for the partial activity. The employee receives a partial activity allowance paid by the employer.

The employee does not benefit from the collective guarantees of supplementary welfare and mutual benefit. However, a collective agreement may provide for such retention.

If this distribution is proportional to the employee's length of service, all non-working hours shall be taken into account for the calculation of the distribution of participation and profit-sharing.

Where it is proportional to salary, the salaries taken into account are those of the employee would have received if it had not been placed in partial activity.

Yes, employees placed in partial employment may benefit of vocational training measures.

Partial activity affects basic retirement and the supplementary scheme to the AGIRC-ARRCO scheme.

Basic pension

Periods of partial activity without work are used to validate quarters of old-age insurance for basic retirement.

One quarter is posted for each period of 220 hours during which the insured person received partial activity allowances.  

Supplementary pension from the AGIRC-ARRCO scheme

The periods of partial activity taken into account are those compensated for exceeding the threshold 60 hours by calendar year.

Who can help me?

Find who can answer your questions in your region

  • Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.