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Home > News & Insights > Covid-19 | Derogation from the principle of suspension of deadlines during the period of health emergency linked to the covid-19 epidemic in the field of labor and employment

News & Insights

Covid-19 | Derogation from the principle of suspension of deadlines during the period of health emergency linked to the covid-19 epidemic in the field of labor and employment

7 May 2020

Presentation of decree No. 2020-471 of 24 April 2020 derogating from the principle of suspension of deadlines during the period of health emergency linked to the covid-19 epidemic in the field of labor and employment

A decree has put an end to the suspension of deadlines introduced as a result of Covid-19 for certain decisions or requests from labour inspectors or Labour Administration (directions régionales des entreprises, de la concurrence, de la consommation, du travail et de l’emploi) ("DIRECCTE"), in particular with regard to collective dismissal plans (plan de sauvegarde de l'emploi), common-consent termination, working hours, health and safety at work and employee savings schemes.

Initially, in order to allow administrations and citizens to adapt their operations during the coronavirus crisis, Ordinance No. 2020-306 of 25 March 2020 had provided for a general suspension of deadlines:

  • given to the administration to render a decision, its agreement, an opinion or to check the completeness of a file or request additional documents (Ordinance No. 2020-306, art. 7);
  • imposed by the administration, in accordance with the law or regulations, on any person to carry out inspections, work or fulfil certain obligations, except if these deadlines result from a court decision (Ordinance No. 2020-306, art. 8).

Thus, these types of deadlines, which were running on 12 March 2020, had been in principle suspended until the end of the "legally protected" period (date of the end of the state of public health emergency + 1 month), while those which should have started to run during this period are postponed until the end of this period.

However, the same ordinance provided that a decree could decide for the deadlines to resume before the end of the legally protected period for categories of acts, procedures and obligations that it determines, provided that it is based on the grounds of protection of the interests of the nation, security or protection of health, the environment or children and youth (Ordinance No. 2020-306, art. 9).

This list was supplemented by Ordinance No. 2020-427 of 15 April 2020 with the addition of grounds relating to the safeguarding of employment and activity as well as the securing of individual and collective labour relations (Ordinance No. 2020-427, art. 7).

DEROGATORY RESUMPTION OF CERTAIN DEADLINES SINCE 26 APRIL 2020

Pursuant to the option opened by article 9 of Ordinance No. 2020-306, the Decree of 24 April 2020 resumes deadlines for certain administrative decisions provided for by the French Labour Code in the areas of employment, working hours, working days, health and safety at work and employee savings schemes.

For certain categories of acts, procedures and obligations listed in the annex to the Decree (see here), the deadlines that were suspended on 12 March 2020 by virtue of Ordinance No. 2020-306 resumed as of the entry into force of the text, i.e. 26 April 2020 (Decree No. 2020-471, arts. 1 and 2).

Although the decree refers only to the periods "suspended on 12 March 2020" resuming, it includes the mechanism for deferring the starting point of periods of the same nature that should have begun to run during the legally protected period.

Thus :

  • periods that had started to run before 12 March 2020 resumed on 26 April. The period remaining to run on that date is the period prescribed by law or regulation, from which the period already elapsed before 12 March must be deducted;
  • for periods which should have started to run since 12 March, their starting point is 26 April 2020;
  • for deadlines that started to run on 26 April, they apply without any postponement or suspension mechanism related to the Covid-19 outbreak.

LIST OF ADMINISTRATIVE DECISIONS OR APPLICATIONS CONCERNED

The four main areas for which the deadlines resume on 26 April 2020 are the following:

  • employment,
  • the duration and organisation of working time,
  • employee savings schemes,
  • health and safety.

Termination of the employment contract

The matters for which deadlines start running again are :

  • the validation or approval by the Labour Administration of the collective agreement relating to a protection collective dismissal plan (Article L 1233-57-4 of the French Labour Code), including for companies in receivership or judicial liquidation (Article L 1233-58 of the French Labour Code);
  • the approval of a common-consent termination (Article L 1237-14 of the French Labour Code);
  • the notification of the decision of validation by the administrative authority of a collective agreement concerning a breach of the collective bargaining agreement (French Labour Code, Article L 1237-19-4).

Duration and organisation of working time

The matters for which deadlines start running again are:

  • the processing by the Administration of the request for derogation from the maximum weekly working time (Article L. 3121-21 of the French Labour Code);
  • the processing by the Administration of the request for a derogation from the average maximum weekly working time (articles L. 3121-24 and R. 3121-15 of the French Labour Code);
  • the notification of the labour inspector's decision to authorise the use of individualised working hours (Article R. 3121-29 of the French Labour Code);
  • the labour inspector's decision on the application for authorisation to exceed the maximum daily working hours (Article D 3121-5 of the French Labour Code);
  • the Labour inspector's decision on the application for an exemption from the minimum daily rest period Article L. 3131-3 of the French Labour Code);
  • the decision of the labour inspector upon request for authorisation to exceed the maximum daily working time, in the event of resorting to substitute teams ( Article R 3132-12 of the French Labour Code);
  • the exemption granted by the labour inspector to authorise the organisation of work on a continuous basis and the allocation of weekly rest in rotation, in the absence of a collective bargaining agreement (Article L 3132-14 of the French Labour Code);
  • the decision of the labour inspector to authorise the use of substitute teams, in the absence of a collective bargaining agreement (Article L 3132-18 of the French Labour Code);
  • the decision of the labour inspector to authorise the exceeding of the daily working hours for a night worker in exceptional circumstances (Article L. 3122-6 of the French Labour Code);
  • the decision taken by the labour inspector to authorise a period of night work different from that provided for, in the absence of a conventional stipulation defining the period of night work (Article L 3122-22 of the French Labour Code);
  • the decision taken by the labour inspector to authorise assignment to a night shift, in the case of night work (Articles L 3122-21 and R 3122-9 of the French Labour Code);
  • the decision taken by the labour inspector to authorise an exception to the maximum daily and weekly working hours for young workers (Articles L 3162-1 and R 3162-1 of the French Labour Code);
  • the decision taken by the labour inspector to authorise night work for young workers in certain industries (Articles L 3163-2 and R 3163-5 of the French Labour Code).

Employee savings

The deadline for the administration to issue observations as from the filing of an employee savings agreement (Articles L 3313-3 and L 3345-2 of the French Labour Code) starts running again.

Occupational health and safety

The matters for which deadlines start running again are:

  • the formal notice to the employer by the Administration stating that the worker is subject to a dangerous situation (Articles L 4721-1 and L 4721-2 of the French Labour Code);
  • the formal notice to the employer by the labour inspector to comply with the provisions of the decrees mentioned in articles L. 4111-6 (general or specific health and safety measures, risk assessment, information of employees on risks and employee safety training) and L. 4321-4 (work equipment and means of protection) (Article L 4721-4 of the French Labour Code);
  • the formal notice to the employer by the labour inspector stating that the worker is exposed to a carcinogenic, mutagenic or toxic chemical agent (Articles L 4721-8 and R 4721-6 of the French Labour Code);
  • the request to check the compliance of the ventilation and sanitation of the work premises (Articles R 4722-1 and R 4722-2 of the French Labour Code) or the lighting of the work premises (Article R 4722-3 and R 4722-4 of the French Labour Code);
  • the request to check work equipment and protective means (Articles R 4722-5 to R 4722-8 of the French Labour Code);
  • the request to check compliance with the occupational exposure limit values (Articles R 4722-13 and R 4722-14 of the French Labour Code);
  • the request to check the levels of asbestos fibre dust (Articles R 4722-15 and R 4722-16 of the French Labour Code);
  • the request to check compliance with the obligations relating to the prevention of the risks of exposure to noise (Articles R 4722-17 and R 4722-18 of the French Labour Code);
  • the request to check compliance with the obligations relating to the prevention of risks of exposure to mechanical vibration (Articles R 4722-19 and R 4722-20 of the French Labour Code);
  • the request to check compliance with the provisions relating to ionising radiation (Articles R 4722-20 and R 4722-20-1) and artificial optical radiation (Articles R 4722-21 and R 4722-21-1 of the French Labour Code);
  • the request to carry out a technical inspection of the limit values for exposure to electromagnetic fields (Articles R 4722-21-2 and R 4722-21-3 of the French Labour Code);
  • the request to check the conformity of all or part of the fixed or temporary electrical installations (Articles R 4722-26 and R 4722-27 of the French Labour Code);
  • the request for analyses by the Labour inspector (Article R 4722-29 of the French Labour Code);
  • the decision to authorise the resumption of work (Article R 4731-5) or activity (Article R 4731-12 of the French Labour Code) after temporary stoppage.

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Gide's Employment practice group is available to answer any questions you may have in this respect. You may also get in touch with your usual contact at the firm.


This legal update is not intended to be and should not be construed as providing legal advice. The addressee is solely liable for any use of the information contained herein and the Law Firm shall not be held responsible for any damages, direct, indirect or otherwise, arising from the use of the information by the addressee.


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