Long-term partial activity recovery can now apply!

In order to help employers cope with “exacerbated international competition, the persistently high price of energy and the profound economic changes in certain sectors,” the government has introduced a scheme called “long-term partial activity recovery” (APLD-R(1)). Almost similar to the long-term partial activity set up during the Covid-19 epidemic, and intended to keep employees in their jobs, the APLD-R is aimed at employers facing a lasting decline in their activity which, however, is not likely to compromise their sustainability. Here is how it works.

An agreement has to be reached!

Employers may use the long-term partial activity recovery scheme (APLD-R) by:
- either signing a collective agreement at the company, branch, or group level;
- or after consulting the social and economic committee (CSE(2)), if it exists, by implementing a unilaterally prepared document to apply an extended industry-level agreement on the matter.

Regarding the reduction in working hours, it may not exceed 40% of the legal working duration or, where it is less, the collective working duration or the working duration mentioned in the employment contract. This reduction may be increased by up to 50%, in the event of a particular economic situation and with the authorization of the public authorities.

Prior authorization from the public authorities is necessary!

The collective agreement (or employer’s unilateral document) regarding the use of the APLD-R must be submitted by electronic means of communication to the Departmental Directorate of Employment, Labor and Solidarity (DDETS(3)) for validation (or approval) along with the document outlining the position of the company’s CSE, if one exists.

Note that while the duration for the application of the APLD-R scheme can be extended up to twenty-four consecutive months, the authorization issued by the public authorities is only valid for a maximum period of 6 months. Employers who wish to continue to benefit from the APLD-R beyond this period must therefore renew their authorization application every six months.

What allowance?

For each hour not worked, the employer pays the employees an allowance corresponding to 70% of their gross hourly remuneration. An allowance cannot be less than €9.40 (€8.10 in Mayotte) or more than €37.42 (€28.29 in Mayotte).

For their part, employers receive from the State, for each hour not worked by their employees, an allowance set at 60% of their gross hourly remuneration. The amount of this allowance may not be less than €9.40 (€8.10 in Mayotte) or more than €32.08 (€24.25 in Mayotte).

However, it is important to note that the duration of the employer’s compensation cannot exceed 18 months (consecutive or not), during the maximum period of application of the APLD-R set at 24 consecutive months.

(1) Activité Partielle de Longue Durée Rebond (APLD-R).

(2) Comité Social et Économique (CSE).

(3) Direction Départementale de l’Emploi, du Travail et des Solidarités (DDETS).