French Labour Code
In forceThe employer sends the Prefect of the département in which the establishment concerned is located a prior request for authorisation for partial activity.
The application shall specify :
1° The reasons justifying recourse to partial activity ;
2° The foreseeable period of under-activity ;
3° The number of employees concerned.
If the company has at least fifty employees, it must be accompanied by the opinion previously issued by the Social and Economic Committee in application of article L. 2312-8. By way of derogation, in the cases provided for in 3° or 5° of article R. 5122-1, this opinion may be obtained after the request mentioned in the first paragraph, and sent within a maximum period of two months from this request.
In companies with at least fifty employees, the social and economic committee is informed at the end of each authorisation of the conditions under which partial activity has been implemented.
When the request for prior authorisation of partial activity and, where applicable, the request for renewal of authorisation concern, for the same reason and the same period, at least fifty establishments located in several départements, the employer may submit a single request in respect of all the establishments to the prefect of the département where any of the establishments concerned is located.
In this case, the State representative in the department where each of the establishments concerned is located is responsible for checking that the conditions for placing employees on partial activity are in order.
When the request is made on the basis of II of article R. 5122-9, it mentions the commitments that the employer proposes to make.
The application for authorisation is sent by electronic means under the conditions set out in article R. 5122-26.
