France

1. Impact of Covid-19 in the workplace

The Covid-19 pandemic has hit the year 2020 hard. Companies have had to completely reorganise their working conditions, in particular implementing remote work in a country where it was not developed, almost overnight. Employees had to face new constraints, adapt their homes to remote working, and buy equipment (paid by the employer under certain circumstances).

At the end of the first lockdown (beginning of June for most), most companies reopened their offices which was subject to very strict health and safety guidance in accordance with guidelines provided by the government (everybody wearing a mask all the time, a limited number of people in the same room, walking paths in offices, maintaining remote working for some employees etc) detailed in a national protocol.

In Autumn 2020, face masks became mandatory in every non-individual office while remote working was still highly recommended.

These various measures could have long-standing effects in 2021, in particular regarding remote working: while it was not a common practice due to a “culture of physical presence” in France, remote working is now very widespread and better accepted although creating other issues namely isolation, bad communication, and possible mental health issues. It may also improve employees’ conditions of work and life balance but needs, after Covid, to be better embraced and regulated by both employers and employees’ representatives. It is likely that the conditions of work as they were before the pandemic will not be coming back within the next few months and that the situation will evolve.

2. Working from home

Homeworking has been strongly used during the first French Lockdown (from 17 March to 11 May 2020). In 2017, only 3% of the employees were working from home at least one day per week but this increased to 40% during the lockdown period. There was another increase in remote working during the second lockdown (from 30 October to 14 December).

The French government strongly recommends working from home for any employees where possible. However, remote working is not a right for the employees. However, for the time being, if an employee is capable to perform 100% of his/her work from home, homeworking is strongly recommended.

Remote working was originally supposed to apply on a voluntary basis, but due to the Covid-19 pandemic, the government has decided to enable the employers to impose the remote working to their employees in case of exceptional circumstances (including a pandemic).

Remote working has triggered a change of mentality as 70% of the employees in France now demand more work from home (but only a small minority is asking for a 100%).

In this context, a new national agreement has been signed by unions at the national level on remote working on 26 November 2020. For example, this new agreement (only applicable for employers members of the signatory unions) provides a general obligation for the employer to cover the employees’ professional expenses. It also provides specific training for homeworkers and for managers. It remains vague and not up to the cultural changes implied by home working especially after the Covid era.

3. Unemployment benefits reform

An important unemployment benefit reform was adopted in Summer 2019 and was supposed to enter into force gradually:

• the first part of the measures on 1st November 2019, namely:
  • the eligibility conditions to unemployment benefit;
  • decline of the amount of the unemployment allocation; and
  • new provisions for resigning employees and self-employed workers;
  • the second part of the measures as from 1st April 2020, in particular:
  • the calculation of the unemployment allocation; and
  • compensation period.
• The remaining part of the measures as from 1st January 2021 including the introduction of a bonus/malus scheme.

As this reform had a rather negative impact on the compensation of beneficiaries, the government has decided to postpone the entry into force of certain measures due to the Covid crisis who saw a big peak in unemployment.

Initially, an extension has been granted for beneficiaries whose unemployment benefits expire between 12 and 31 May 2020. The same extension has recently been provided for beneficiaries whose entitlements are expiring on 31 December 2020.

Some provisions of the first part of the measures (that should have come into force on 1 November 2019) have also been suspended:

• until 31 March 2021: the calculation of the allowance method and the eligibility conditions to unemployment benefits;
• until 1st April 2021: the decline of the allocation as from 1 August 2020

In addition, the second part of the measures (that should have come into force on 1 April 2020) has been suspended. The applicable rules remain the rules in force before the reform.

In the meantime, the Supreme Administrative Court has cancelled provisions dealing with the bonus/malus scheme and a part of the new allocation’s calculation method. The former rules regarding the calculation of the allowances remain applicable until 31 March 2021.

This topic is subject to updates within the next few weeks but the suspension is likely to remain until the end of the Covid period.

4. Mental health

The employer is responsible by law for ensuring the safety and protecting the physical and mental health of its employees. This obligation is confirmed under case law, and the Courts may impose sanctions for any risk of harm to the health of employees, in particular with respect to harassment, violence at work, or to suspend reorganisation projects that create significant psychological risks.

In the current health crisis, the overnight forced homeworking due to the two lockdowns and the stress that employees are suffering due to the general situation (isolation, risk of coming back to work, new very constraining rules etc.) may see a rise in mental health claims.

The Labour Inspection, as well as the CSE or its health and safety commission and the occupational doctor are the stakeholders dealing with these psychosocial risks with great consideration. In addition, besides the real sufferings by some, it is to be anticipated that others may try to use this threat as a bargaining chip in termination negotiations.

If the employer is considering implementing a reorganisation project, these psychological risks should be monitored very closely, and the employer should seek the assistance of a psychological risk expert, to assess risks related to the closure and assist employees, in order to prevent them from arising, as much as possible.
Failure to do so will greatly jeopardize the success of the project (especially when a validation from the Administration is required prior to its implementation).

5. Paternity leave increase

The duration of paternity leave (for the father, spouse or partner), which has been in place since 2002, is currently 14 days (11 days in addition to 3 days of birth leave) or 18 days in the event of multiple births.

The Social Security financing law for 2021, dated 14 December 2020, doubles the duration of paternity leave, increasing it to 28 days or 32 days in case of multiple births (including a mandatory minimum of 7 days) and will apply as from 1 July 2021.

As a reminder, this leave is financed by French social security with daily allowances up to the monthly Social Security threshold for the current year (i.e. €3,428 in 2020).

If the employer provides enhanced paternity leave, the company will be required to provide increased compensation to the employee as part of this measure.

Paternity leave is calculated in calendar days, i.e. including Saturdays, Sundays and public holidays.

Unlike birth leave, paternity leave is not necessarily taken at the time of birth. However, it must begin within four months of birth.