French Labour Code
In forceI.-For the application of 3° of II of article L. 5122-3, the methods for calculating the indemnity and the allowance are determined according to the following rules:
1° For employees whose working hours are set by a fixed-rate agreement in days over the year, the days or half-days are converted into hours as follows:
a half-day not worked corresponds to 3 hours 30 minutes not worked;
-a day not worked corresponds to 7 hours not worked;
-one week not worked corresponds to 35 hours not worked.
Paid holidays and rest days taken during the period provided for in the first paragraph, as well as public holidays not worked which correspond to working days, are, where applicable, converted into hours in accordance with the procedures provided for in the first paragraph.
The hours resulting from this conversion are deducted from the number of hours not worked calculated in application of the first paragraph;
2° For the flight crews of companies whose organisation of working hours is based on alternating days of activity and days of inactivity in application of the provisions of article D. 422-5-2 and sections 2 and 3 of chapter II of title II of book IV of the regulatory part of the civil aviation code or the provisions relating to working hours applicable to helicopter operators' flight deck crews pursuant to the amended decree of 8 September 1997 extending the national collective agreement for helicopter operators' flight deck crews of 13 November 1996, the number of hours giving rise to payment of the indemnity and the partial activity allowance is determined by taking into account the difference between the number of days of inactivity recorded and the number of days of inactivity guaranteed for the period in question. <br/><p> <br/>For the application of the above paragraph, each day of inactivity beyond the number of guaranteed days of inactivity corresponds to 8.75 hours of unemployment, within the limit of the legal working time mentioned in article L. 3121-27 over the period considered;
II.-For the application of 4° of II of article L. 5122-3, the methods for calculating the indemnity and the allowance are determined according to the following rules:
1° For employees mentioned in Title I of Book III of Part Seven of the present Code and who are not covered by a working time organisation applicable in the company, the indemnity and the partial activity allowance are calculated according to the following procedures:
the monthly reference remuneration used to calculate the partial activity indemnity and allowance corresponds to the average gross remuneration received over the last twelve calendar months, or where applicable all the calendar months worked if the employee has worked less than twelve months, preceding the first day on which the company or establishment is placed on partial activity, excluding professional expenses and the elements of remuneration mentioned in IV;
-the hourly amount used to calculate the indemnity and allowance provided for in articles D. 5122-13 and R. 5122-18 is determined by relating the amount of the reference monthly remuneration provided for in the previous paragraph to the legal working time;
-the loss of remuneration referred to in article L. 5122-1 corresponds to the difference between the reference monthly remuneration provided for in the second paragraph of this 1° and the monthly remuneration actually received during the same period;
-the number of hours not worked for which compensation is payable corresponds, within the limit of legal working hours, to the difference between the remuneration obtained in application of the previous paragraph and the hourly amount provided for in the third paragraph of this 1°;
2° For the employees mentioned in article L. 7412-1, the methods for calculating the indemnity and the partial activity allowance are as follows:
-the monthly reference remuneration used to calculate the indemnity and the partial activity allowance corresponds to the average gross remuneration received over the last twelve calendar months or, where applicable, all the calendar months worked if the employee was first provided with work less than twelve months ago, preceding the first day on which the company or establishment was placed on partial activity, excluding workshop costs, ancillary costs mentioned in article L. 7422-11, overtime as provided for in Article L. 7422-9 and the professional expenses and remuneration components mentioned in IV.
-the hourly amount used to calculate the indemnity and the allowance provided for in articles D. 5122-13 and R. 5122-18 corresponds to the rate mentioned in articles L. 7422-6 to L. 7422-8 or, if more favourable, the rate applied by the employer;
-the loss of remuneration mentioned in article L. 5122-1 corresponds to the difference between the monthly reference remuneration provided for in the second paragraph of this 2° and the monthly remuneration actually received during the same period;
-the number of hours not worked for which compensation is payable corresponds, within the limit of the legal working time or, where this is less, the time stipulated in the employment contract, to the difference in remuneration obtained in application of the previous paragraph compared to the hourly amount provided for in the third paragraph of this 2°.
The benefit of these provisions cannot be combined with the aid provided for inArticle R. 3232-8 of the Labour Code;
3° For freelance journalists working on a regular basis who fall within the scope of Article L. 7112-1, who are not subject to the legal or contractual provisions relating to working hours and who have received at least three monthly freelance bulletins over the twelve calendar months preceding the date on which they are placed on partial activity, including two in the four months preceding that same date, or who have contributed to the last issue in the case of a quarterly publication, the methods for calculating the indemnity and the partial activity allowance are as follows:
the monthly reference remuneration used to calculate the compensation and the partial activity allowance corresponds to the average gross remuneration received for freelance work carried out over the twelve calendar months, or where applicable all the calendar months worked if the employee has worked less than twelve months, preceding the first day on which the company or establishment is placed on partial activity, excluding professional expenses and the elements of remuneration mentioned in IV.
- a reference coefficient is determined by dividing the gross remuneration by the number of hours worked.a reference coefficient is determined by relating the amount of the monthly reference remuneration provided for in the previous paragraph to the minimum monthly salary for editors in the scale applicable in the company concerned or, failing that, in the form of press in question for the same reference period or, failing that, by the minimum inter-professional growth wage set in application of articles L. 3231-2 to L. 3231-12. This reference coefficient may not be greater than 1;
-the hourly amount used to calculate the indemnity and the allowance provided for in articles R. 5122-18 and D. 5122-13, is determined by relating the amount of the monthly reference remuneration provided for in the second paragraph of this 3° to the legal length of working time to which the reference coefficient is applied, where applicable;
-the loss of remuneration referred to in article L. 5122-1 corresponds to the difference between the monthly reference remuneration provided for in the second paragraph of this 3° and the monthly remuneration actually received during the same period;
-the number of hours not worked for which compensation is payable corresponds, within the limit of the legal working time after application, where applicable, of the reference coefficient, to the difference in remuneration obtained in application of the previous paragraph compared to the hourly amount provided for in the fourth paragraph of this 3°;
4° For the workers mentioned in Articles L. 7121-2 et seq., L. 7123-2 to L. 7123-4, L. 7123-6 and L. 5424-20, the number of hours not worked used to calculate the indemnity and the partial activity allowance corresponds to 7 hours per contractually scheduled stamp, but not carried out due to a cancellation linked to the covid-19 epidemic;
5° For the senior executives mentioned in article L. 3111-2, the methods for calculating the indemnity and the partial activity allowance are as follows:
-the monthly reference remuneration used to calculate the indemnity and the partial activity allowance corresponds to the average gross remuneration received over the last twelve calendar months, or where applicable all the calendar months worked if the employee has worked less than twelve months, preceding the first day on which the company or establishment is placed on partial activity;
-the hourly amount used to calculate the indemnity and the allowance provided for in articles D. 5122-13 and R. 5122-18 is determined by dividing one thirtieth of the amount of the reference monthly remuneration obtained in application of the previous paragraph by seven hours;
-the number of hours not worked for which compensation is payable, within the limit of the legal working week, is obtained using the method of conversion into hours referred to in 1° of I ;
III - For the application of the provisions of this article, the number of hours giving rise to payment of the indemnity and the partial activity allowance may not exceed the legal working time referred to in article L. 3121-27 for the period in question.
IV - For the application of the second paragraphs of 1°, 2° and 3° of II, sums representing professional expenses and elements of remuneration which, although having the character of salary, are not the counterpart of actual work or are not affected by the reduction or absence of activity and are allocated for the year, are excluded from the basis for calculating the indemnity and the partial activity allowance.
When the remuneration includes a fraction of the remuneration corresponding to the payment of the paid holiday allowance, this fraction is deducted to determine the basis for calculating the allowance and the partial activity allowance, without prejudice to the provisions of article R. 5122-11.
