On May 31, a debate conference organized by the CCISM and the Bar Association of Guadeloupe-Saint Martin- Saint Barthélémy took place within the CCISM, on the theme of post-Irma emergency social measures. .
It was a question of reminding the heads of companies, certain exceptional and temporary devices agreed by the Government, to help the companies to maintain employment, after the passage of the cyclone IRMA.
The axes retained for the explanations given were as follows:
1 / Companies whose reactivation could be envisaged in the short term: moratorium on social charges announced by Mr. Edouard Philippe, on November 06, 2017, confirmed within the framework of the 2018 social security finance law; It was for companies wishing to benefit from this system to declare themselves to the CGSS before April 30, 2018. These companies were then supported by the said body to negotiate a settlement of the social debt over several months. The device is in progress.
2 / Companies whose reactivation could be envisaged in the medium term: exceptional device for partial activity.
Basically, the partial activity consists of allowing company managers not to have their employee work (due to lack of activity), to provide them with 70% of their previous gross salary (excluding training), and to be reimbursed. by the State, up to a minimum wage level. For employees paid at the minimum wage, this system therefore does not entail any reduction in salary. The employer must advance the funds, and then get reimbursed by the state.
Legally, the compensable hours quota is limited to 1.000 hours per year.
As of cyclone IRMA, the State had set up the partial activity system, with procedural flexibility, within the framework of 1.000 hours for the year 2017, and had announced a new quota of 1.000 hours for the year 2018 .
On December 16, 2017, Madame PENICAUD (Minister of Labor) announced an extension of this system, for 2018 until October 31, 2018.
Finally, by a decree of May 2, 2018 (published on May 12, 2018), the ministry increased the quota of compensable hours to 1.600 hours, without limitation of period. This means that companies, which have not used up their entire quota of hours in the first semester, and / or who will exhaust their paid vacation rights, will be able to manage this quota of hours until December 31 2018.
This will therefore allow companies to be able to review their strategy based on this new element.
3/ Companies whose reactivation could be considered too long term: exceptional arrangement in terms of dismissal for economic reasons.
As part of the dismissal procedure for economic reasons, employers must offer (companies not belonging to a group of more than 1.000 employees in Europe) a professional security contract to employees whose economic dismissal is envisaged, during prior maintenance. If the employees accept this device, the employers must pay a contribution to the financing of this device to Pole Emploi, which is on average the equivalent of the amount of the notice increased by the charges, which represents approximately 3 months of salary (for an employee more than 2 years seniority).
As announced by Madame PENICAUD, on December 16, 2017, the State confirmed lastly, by an Act of March 29, 2018, that the employers of Saint-Martin and Saint-Barthélemy were exempt from paying this contribution to financing of the CSP, which constituted a significant saving, and could allow certain companies to ensure their sustainability while waiting to be able to reactivate, avoiding judicial liquidation.
This device is only valid from September 5, 2017 to September 5, 2018.
Therefore, business leaders, who, given the current situation, consider that they will not be able to maintain employment in the short or medium term, who wish to benefit from this system, must consider their strategy in this regard, right now. After September 05, 2018, the device will not be applicable.
Another point, the business leaders who paid, in error, this contribution to the financing of the CSP, can request reimbursement from POLE EMPLOI.
This is not to encourage companies to consider the termination of the employment contract of their employees, as part of the recall of this device, but on the contrary, to try to safeguard their competitiveness, so that they are not forced to close their doors, and that they can envisage a resumption of activity and hiring, at least in the long term.
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