Yes, the employer who wants to set up the APLD rebound by unilateral decision, must consult the ESC when it exists.

The reduced activity may be implemented within 18 months, which may or may not be consecutive, over a period of 24 consecutive months.

The company can benefit from the APLD rebound as of 1^er day of 1^re period of authorization for partial activity granted by the DDETS: titleContent or the DDETSPP: titleContent.

The employer may reduce the activity of the company up to 40% the legal duration or, where less, the collective duration of the work.

This reduction shall be assessed for each employee concerned for the total duration of the agreement.

This may lead to periods of total and temporary closure of a service or company.

By way of derogation, the unilateral document may provide for the activity to be reduced to 50% in the case of a particular economic situation if the industry agreement so permits. The employer must obtain the authorization of the DDETS: titleContent or the DDETSPP: titleContent.

The unilateral document drawn up by the employer shall specify the conditions for the implementation, at establishment or company level, of the provisions of the extended branch agreement.

The unilateral document must contain mandatory particulars. It may also contain certain optional particulars.

In his preamble, he must present a diagnosis.

Diagnosis

Diagnosis is individualized. It aims to characterize the decline in sustainable activity affecting the company. It also identifies the needs and conditions needed to restore a sustainable level of activity.

The diagnostic contains the following information:

• Economic situation of the branch or of the establishment, company or group justifying a lasting fall in activity
• Business prospects of the industry or of the establishment, company or group
• Actions to be taken to ensure that the establishment, company or group carries out an activity to guarantee their sustainability
• Skills development needs in the branch or establishment, company or group in relation to the business prospects identified.

Mandatory particulars

The unilateral document must contain the following information:

• APLD device start date and application time rebound
• Scope of the establishments, activities and employees concerned where the APLD rebound shall be established by collective agreement of establishment, company or group
• Maximum reduction of working hours below the legal working hours
• Commitments on job retention and vocational training
• Conditions for informing signatory trade union organizations and the Social and Economic Committee (ESC).

Optional entries

The unilateral document may also contain the following information:

• 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 the APLD rebound
• Means of monitoring the agreement by trade unions
• Specific measures to keep employees aged 57 and over in employment.

The employer shall inform the employees concerned by the LDPA rebound commitments on job retention and vocational training.

In companies with more than 50 employees, the employer shall also inform the ESC: titleContent commitments entered into.

Yes, the unilateral document must be approved by the administration.

Application for Approval

The employer must submit the application for approval of the unilateral document by dematerialized means.

It shall be accompanied by the opinion of the ESC: titleContent when it exists.

Application for validation or certification of partial activity

Administration Response

The decision to approve the unilateral document is notified by dematerialized means to the employer and to the ESC: titleContent if it exists.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS) has 21 days to approve the unilateral document. Silence is acceptance.

The approval decision is granted for 6 months.

Within 18 months, the employer may apply for new LTD placement authorizations rebound of a maximum duration of 6 months each.

The employer will be required to provide the following documents:

• Update on compliance with the maximum reduction in working hours
• Up-to-date diagnosis justifying, in particular, the long-term decline in activity and setting out the measures taken to restore activity
• Minutes of the last meeting at which the EESC, where it exists, was informed of the implementation of the LRPA rebound.

Failure to respond to a new request within 21 days shall be deemed to be a decision of acceptance.

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 €9.40, or exceed a ceiling of €37.42 per nonworking hour.

The employer shall receive an allowance equivalent to 60% of the gross hourly remuneration of the employee limited to €32.08 with a minimum of €9.40.

Yes, the employer has to meet commitments in terms of job retention and vocational training.

Characteristics of commitments

The employer must make commitments regarding job retention and vocational training. Their objectives include: developing the skills of employees in order to promote their professional mobility and to respond to the business prospects of the company or group.

Fulfillment of commitments

Before the end of the 6 months APLD rebound , the employer shall forward the following documents to the Departmental Directorate for Employment, Labor and Solidarity (DDETS):

• Final assessment of compliance with the maximum reduction in working hours
• Final assessment of compliance with commitments in terms of job retention and vocational training
• Presentation of the business prospects of the company or group at the end of the device
• Minutes of the last meeting at which the ESC: titleContent, if any, has been informed of the implementation of the scheme.

Penalties for non-compliance

If the employer has failed to meet its commitments on job retention and training or has exceeded the maximum reduction in working hours, the following penalties may apply:

• Refusal to renew the authorization for placement in APLD rebound 
• Refusal of payment of the LDPA allowance rebound
• Reimbursement of LTD benefits rebound perceived.

The Departmental Directorate for Employment, Labor and Solidarity (DDETS) may claim reimbursement of allowances in the following cases:

• Too much perceived
• Economic dismissal of an employee within the scope of the agreement
• Exceeding the maximum reduction in the working hours of an employee placed in APLD rebound .