Is long-term partial activity (LTD) still in existence?
Verified 12 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
No, the long-term partial activity scheme (APLD: titleContent) can no longer be implemented in a company since 1er january 2023. Arrangements put in place before that date may continue to apply until 31 December 2026 at the latest. However, an amendment to the collective agreement or unilateral document put in place before 31 December 2022 may take place after that date. One agreeable shall be transmitted to the administration. We are taking stock of the applicable rules.
The establishment of theAPLD: titleContent was possible on the basis of one of the following documents:
- Collective Agreement establishment, undertaking, group or branch
- Unilateral document based on collective agreement in the sector extended.
Companies already committed to the LRPA scheme may, after 31 December 2022, conclude addenda to their current agreements and amend their ongoing unilateral documents.
Collective Agreement
The reduced activity may be implemented up to a maximum of 36 months, which may or may not be consecutive, over a period of 48 consecutive months.
The company may benefit from theAPLD: titleContent as of 1er day of 1re period of authorization for partial activity granted by the Dreets: titleContent.
The employer may reduce the activity of the undertaking to a maximum of 40% of legal duration and to employ its employees 60% of this one. This reduction shall be assessed for each employee concerned for the total duration of the agreement.
In exceptional circumstances, the reduction may be increased to 50% by decision of the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContent or DDETSPP: titleContent) and under the conditions laid down in the collective agreement.
This may lead to periods of total and temporary closure of a service or company.
Example :
An enterprise may, over a period of 20 months, agree to close by agreement a period of partial activity of 8 months for employees at 35 hours.
The collective agreement and its eventual agreeable the amendment must contain mandatory particulars. They may also contain certain optional particulars.
Mandatory particulars
- Diagnosis of the economic situation and business prospects of the establishment, undertaking, group or branch
- Start date and duration of application of the scheme
- Activities and employees concerned
- Maximum reduction of working hours below the legal working hours
- Employment and vocational training commitments
- Conditions for informing signatory trade union organizations and the Social and Economic Committee (ESC).
Optional entries
- Efforts of employee managers, agents and shareholders proportionate to those of employees
- Conditions for taking paid leave and using the personal training account, before or during theAPLD: titleContent
- Means of monitoring the agreement by trade unions.
Yes, the collective agreement or its eventual agreeable The modification must be validated by the administration.
Validation Request
The employer must submit the request for validation of the collective agreement or its amending amendment by dematerialized means.
Application for validation or certification of partial activity
Filing of the application
The establishment, company or group agreement or its amending addendum must also be filed on the TeleAgreements platform.
TeleAgreements - Collective company Agreement Filing Service
Administration Response
The decision to validate the amending agreement or amendment shall be notified by dematerialized means to the employer and to the signatory trade union organizations.
The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContentor DDETSPP: titleContent) 15 days to validate an agreement or its amendment. Silence is acceptance.
The validation decision is granted for 6 months.
The authorization may be renewed every 6 months, depending on the commitment follow-up report sent by the employer.
The employer must pay the employee compensation corresponding to 70% of his gross salary by non-working time, or approximately 84% hourly net salary.
This allowance may not be less than €9.22, or exceed a ceiling of €36.70 per nonworking hour.
The employer shall receive an allowance equivalent to 60% of the gross hourly remuneration of the employee limited to €31.46 with a minimum of €9.22.
FYI
The floor shall not apply to employees not subject to remuneration equivalent to Smic: titleContent schedule (e.g. apprentices).
Jobs concerned
Job retention commitments cover all the jobs of the establishment or undertaking.
A branch, group, establishment or company agreement may provide for a different scope.
Fulfillment of commitments
Before the end of the 6 months ofAPLD: titleContent, the employer shall forward to the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContent or DDETSPP: titleContent(b) an assessment of the fulfillment of its commitments in respect of the following:
- Employment and vocational training
- Method of informing the signatory trade union organizations and the Social and Economic Committee (ESC).
This assessment must be accompanied by an up-to-date diagnosis of the establishment, company or group. It deals with the economic situation and the prospects for activity.
The ESC, if it exists, should be informed of the implementation or modification of the APLD: titleContent. The minutes of the last consultation meeting should be attached.
Penalties for non-compliance
The penalties differ depending on whether the employee dismissed for economic reasons was in the framework of the LTPA or not.
Economic dismissal of an employee in APLD for the duration of the appeal
The employer must reimburse the Service and Payment Agency (SPA) for the amounts collected for this employee under theAPLD: titleContent.
The employer may be exempted from the refund if the economic and financial situation of the business so warrants.
The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContent or DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.
Economic dismissal of another employee
The employer must reimburse the Service and Payment Agency (SPA) for each breach an amount equal to the total amount of the amounts paid in respect of theAPLD: titleContent / number of employees placed in APLD: titleContent.
The employer may be exempted from the refund if the economic and financial situation of the business so warrants. It must inform the staff representative institutions and the trade unions which are signatories to the collective agreement.
The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContent or DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.
Unilateral document
Yes, the employer who wishes to change theAPLD: titleContent set up by unilateral decision, must consult the ESC when it exists.
The reduced activity may be mobilized up to a maximum of 36 months, which may or may not be consecutive, over a period of 48 consecutive months.
The company can benefit from the APLD from 1er day of 1re period of authorization for partial activity granted by the Dreets: titleContent.
The unilateral document setting the duration of the APLD: titleContent may be renewed within the maximum period laid down in the extended branch agreement.
The employer may reduce the activity of the undertaking to a maximum of 40% of legal duration and to employ its employees 60% of this one. This reduction shall be assessed for each employee concerned for the total duration of the unilateral document.
In exceptional circumstances, the reduction may be increased to 50% by decision of the departmental management responsible for employment, labor and solidarity (DDETS: titleContent or DDETSPP: titleContent) and under the conditions laid down in the unilateral document and the extended branch agreement.
This may lead to periods of total and temporary closure of a service or of the undertaking.
Example :
An enterprise may, over a period of 20 months, agree to close by agreement a period of partial activity of 8 months for employees at 35 hours.
The unilateral decision and its possible amendment shall contain the following information:
- Conditions for implementation in the establishment or undertaking of the provisions of the extended branch agreement
- Start date and duration of application of the scheme
- Activities and employees concerned
- Maximum reduction of working hours below the legal working hours
- Employment and vocational training commitments
- Information conditions for signatory trade union organizations and the Social and Economic Committee (ESC).
Yes, the unilateral document and its possible amendment must be approved by the administration.
Application for Approval
The employer must submit the application for approval of the unilateral decision, or of its possible amendment, by dematerialized means.
It shall be accompanied by the opinion of the ESC: titleContent.
Application for validation or certification of partial activity
Administration Response
The decision to approve the unilateral document or its amendment is notified by dematerialized means to the employer and to the signatory trade union organizations.
The Dreets: titleContent 21 days to validate the unilateral document or its modification. Silence is acceptance.
The approval decision is granted for 6 months. The authorization may be renewed every 6 months, depending on the commitment follow-up report sent by the employer.
The employer must pay the employee compensation corresponding to 70% of his gross salary by non-working time, or approximately 84% hourly net salary.
This allowance may not be less than €9.22, or exceed a ceiling of €36.70 per nonworking hour.
FYI
The floor shall not apply to employees not subject to remuneration equivalent to Smic: titleContent schedule (e.g. apprentices).
The employer shall receive an allowance equivalent to 60% of the gross hourly remuneration of the employee limited to €31.46 with a minimum of €9.22.
FYI
The floor shall not apply to employees not subject to remuneration equivalent to Smic: titleContent schedule (e.g. apprentices).
Jobs concerned
Job retention commitments cover all the jobs of the establishment or company. The unilateral document must specify the conditions for their implementation in the establishment or company.
Fulfillment of commitments
Before the end of the 6 months ofAPLD: titleContent, the employer shall forward to the departmental directorate responsible for employment, labor and solidarity (DDETS: titleContent or DDETSPP: titleContent) the progress made in meeting its commitments in respect of the following 2 points:
- Employment and vocational training
- Method of informing the signatory trade union organizations and the EESC
This assessment must be accompanied by an up-to-date diagnosis of the institution, undertaking or group. It deals with the economic situation and the prospects for activity.
The ESC, if it exists, should be informed of the implementation of the APLD: titleContent. The minutes of the last consultation meeting should be attached.
Penalties for non-compliance
The penalties differ depending on whether the employee dismissed for economic reasons was in the framework of the LTPA or not.
Economic dismissal of an employee in APLD for the duration of the appeal
The employer must reimburse the Service and Payment Agency (SPA) for the amounts collected for this employee under theAPLD: titleContent.
The employer may be exempted from the refund in view of the company's economic and financial situation.
The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContent or DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.
Economic dismissal of another employee
The employer must reimburse the Service and Payment Agency (SPA) for each breach an amount equal to the total amount of the amounts paid in respect of theAPLD: titleContent / number of employees placed in APLD: titleContent.
The employer may be exempted from the refund if the economic and financial situation of the business so warrants.
The Departmental Directorate for Employment, Labor and Solidarity (DDETS: titleContent or DDETSPP: titleContent) may suspend the payment of the partial activity allowance if the employer fails to comply with the commitments on jobs and vocational training.
Who can help me?
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For information (except in Île-de-France)
Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)
Search for DDETS on the interactive map by clicking on the department desired.
Service and Payment Agency (ASP) Support Service
For any difficulties encountered with your “Partial Activity” account
By telephone
0800 70 58 00
Tableau - support contact information Territories
days
timetable
Metropolis
Monday to Friday
8:30 a.m. to 6 p.m.
Guadeloupe
Monday to Friday
7 am to 12 pm (local time)
Martinique
Monday to Friday
7 am to 12 pm (local time)
Guiana
Monday to Friday
7:00 a.m. to 1:00 p.m.
Reunion
Monday to Friday
10:30 a.m. to 8:00 p.m.
Mayotte
Monday to Friday
9:30 a.m. to 7 p.m. (local time)
By email
Technical Support: contact-ap@asp-public.fr
specifying your Siret, the name of your establishment, your name, first name, telephone number.
Aid for employees placed in partial activity