Companies that are no longer eligible for exceptional assistance to partial unemployment, but face a sustainable reduction in their activity, have every interest in turning to long-term partial activity (ACLD).
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[The employment policy relies on devices created over the needs, which sometimes remain unknown long after their creation. What is their effectiveness against unemployment? It is not always evaluated. Le Monde publishes a series of articles on employment aids to try to estimate what is known – their initial goal, their results.]
The objective of the device
The outstanding assistance faucet has been closed for the establishments of the so-called “protected” sectors (tourism, hotel …). Only companies that are the subject of an administrative closure or located in overseas territories and undergoing a decrease of at least 60% of turnover still receive 100% management of the allowance paid to their employees put to partial unemployment. With less than a new rebound in the health crisis, this help stops at March 31st.
In the face of this stop, companies that continue to suffer the consequences of the health crisis have every interest in turning to the long-term partial activity (ACLD). This device can still apply to agreements validated until 30 June 2022. Established in July 2021, the ACLD is intended to organize partial unemployment over time.
Operation
It allows companies faced with a sustainable reduction in their activity to put their employees with partial unemployment over twenty-four months maximum, provided that a collective agreement. “It is possible for a company that has already benefited from the reinforced partial unemployment use of subsequently a request for ACLD,” says Nicolas Léger, Associate of the Cabinet Social Law Department. Proskauer lawyers.
In the context of the APLD, the rest-dependent for the employer is not zero, but weak: the company receives from the State an allocation equivalent to 60% of the gross hourly remuneration of the employee, As it pays it an indemnity corresponding to 70% of its gross salary per hour unemployed (84% of the net salary), with a floor corresponding to the time SMIC and up the limit of 4.5 times the SMIC.
All companies and associations are eligible for the APLD, from the moment they can justify a drop in activity. As part of an ACLD agreement, the employer may reduce up to 40% of the working time of its employees or even 50% if it justifies a significant degradation of its activity.
The employer has the possibility of alternating periods of low and high reduction, or even total deletion of work: for example, closely close the company for eight months, over a period of ACD of twenty months. The maximum twenty-four months of APLD can also be distributed over a period of thirty-six months.
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