COVID-19: Ordinances of 2 April 2020 – France

Employee representative bodies:

• immediate suspension of all professional electoral processes ongoing on 2 April 2020 until 3 months after the end of national health emergency state (currently ending on 24 May 2020) ie until 24 August 2020, subject to any extension of the national health emergency state;
• postponement of the obligation to initiate electoral processes: to be initiated within 3 months of the end date of national health emergency state, ie before 24 August 2020;
• extension of mandates of current employee representatives and of their protection against dismissal;
• using of videoconferencing (or other means) for meetings with employee representatives: until 24 May 2020, possibility to use videoconferencing and telephone conferencing or, if not possible, instant messaging, for all meetings convened from 24 March 2020 (in principle limited to 3 meeting per year only except collective agreement). This is to be dealt with on a case by case basis as this is a very sensitive issue in France. Decrees will provide the modalities of use of telephone conferencing and instant messaging;
• information and consultation of employee representatives in relation the use of derogatory measures in relation to “RTT” or “CET” days and working time: exceptionally, the CSE shall be informed without delay and by any means as soon as the derogation is implemented. The opinion of the CSE must be delivered within one month.

Exceptional purchasing power bonus (prime de pouvoir d’achat known as “Macron’s prime”):

• available for all employers (previously only for employers with a voluntary profit-sharing scheme (accord d’intéressement);
• maximum amount of €1,000 and up to €2,000 for employers with a voluntary profit-sharing scheme;
• this bonus is exempted from social security contributions and income tax;
• postponement of the deadline for payment of the bonus from 30 June to 31 August 2020;
• modulation of the amount of the bonus: Option to include in a collective agreement or unilateral decision a new criterion linked to working conditions due to the COVID-19 epidemic.

Occupational health services:

• prerogatives of occupational doctors are increased. By way of derogation, they can mainly prescribe or renew a period of sick leave in case of infection or suspected infection with COVID-19, perform COVID-19 related screening tests (decrees are awaited in relation to precise modalities) until 31 August at the latest (to be confirmed by a decree);
• postponement of periodic medical check-ups (monitoring of health status) and other interventions unless necessary (to be assessed by the occupational health doctor) until 31 December at the latest (to be confirmed by a decree).

See our Coronavirus (COVID-19) feature for more information generally on the possible legal implications of COVID-19.