20/03/2020 - The impact of Covid-19 in French Labor Law


The entire world has been facing the threat of the Covd-19 Coronavirus pandemic since its devastated China last December 2019 and spread to other states around the world.

Faced with the health emergency, the French government, especially the Ministry of Solidarities and Health and of Economy and Finances introduced health and economic measures with a single goal: to limit the spread of this virus in our country.

That’s the reason why on Monday 16 March 2020, the President of the Republic Emmanuel Macron ordered the confinement of all who are in the French territory and the closure of all businesses considered non-essential to the continuity of the nation.

This article will deal with the impact of the coronavirus in French Labor law. We wish to provide answers:

Which professional activities must be temporarily closed?

The interdiction measure was introduced by an order of 14 March 2020 on various measures to fight against the spread of the Covid-19 virus, supplemented by an order of 15 March 2020.

Which employees can move around?

As a matter of principle, everyone is confined to their homes. But decree n°2020-260 of March 16, 2020 specifies that employees can go to their workplace or to attend professional appointments that cannot be postponed.
Model certificates have been made available to employees by the government. These certificates are much more restrictive. They state that employees must carry the certificate, which is a sworn declaration by the employer. This certificate concerns employees who are unable to work from home and people who travel for professional activities rather than for professional appointments.
If the employee does not have the certificate, he or she is liable to a fine which has been increased from 38 to 135 euros since March 18, 2020. This is indicated in decree n°2020-264 published on 17 March 2020.Therefore, the travel allowed for employees is between home and work.

What happens if the boss refuses to allow the employee to stay at home to care for the children?

The employee may object to the legal provisions that state that employees who are obliged to look after their children under the age of 16 may stay at home. This is a right they have. They will be able to receive a daily allowance in accordance with decree n°2020-227 of 9 March 2020. If they do not implement the procedure, they are at fault.

What are the requirements for employees who request to stay at home to look after their children?

The employee must make a certificate on his honor and send it to his employer. The company makes the declaration on Ameli.fr (social security number, the date of the beginning of the work suspension).

Can paid vacation time be imposed?

Postponement of paid leave can be imposed, but not taking it.

Is a period of confinement recognized in European Union law as conforming to the purpose of the vacation time?

It is doubtful. It is not possible to impose paid leave on the employee.

Can employees refuse to come to work by invoking an individual right of retirement?

No, employees cannot invoke their right of retirement to protect themselves from the Coronavirus since the right of retirement is collective and cannot be considered individually. If the preventive measures are combined (compliance with safety instructions), the employee must go to his workplace. If he refuses to go, he will not receive his salary during his absence and can be dismissed.

What do we need to know about home office?

Why is the use of short time working in the context of Coronavirus a problem?

The system is not regulated by law in this context. There is a risk that the employer may receive applications that do not apply in the case of short time working. The employer has 30 days to apply for unemployment benefit.

What is the amount of the short time working allowance?

This allowance is equal to 70% of the gross salary (with the possibility of going up to the SMIC if the amount of the allowance is less than the SMIC) and 84% of the net salary.

What are the motives for not contesting short time working?

Short time working may, for example, result from the closure of the establishment due to massive absences of employees, which is essential for the continuity of the company's activity.

We remain available to answer any questions you might have
Adam-Caumeil Lawyers, your franco-german legal partner


All the news of the Cabinet-Caumeil Adam, Attorneys in Paris


Adam-Caumeil at Eurojuris Congress Biarritz 2024: a firm at the heart of legal innovation


Abrupt termination of commercial relations does not apply to logistics transport contracts


Pleading Competition - Centre Juridique Franco-Allemand of Saarland University


Adam-Caumeil Avocats strengthens its business law practice with the arrival of the attorney Julia Caumeil




Intellectual Property: the law firm Adam-Caumeil advises in a counterfeiting case against a major jewellery group


The Sanitary pass in the workplace : France vs Germany


The impact of the Covid-19 on French Business Law


The impact of Covid-19 in French Labor Law


Reform of Labour Code : The Unified Staff Representation Body


Does terminating an employment contract reclassified as a resignation require the employee to comply with the contractual notice period ?


Emmanuel Macron's ordinances - Labour Law


Great Success of Artistic Freedom


Temporary missions and limited activities in France


Adam-Caumeil and the triumph of creative freedom


May 2017


Judith Adam-Caumeil, new board member of Eurojuris International


Interview of Judith Adam-Caumeil by the journalist Julien Oeuillet


Legal update Criminal deeds under French labour law


Participation of our firm at the Austrian Ball in Paris

2 avenue Trudaine
B.P. 30657 · F-75423 Paris Cedex 09
Tél. (0033)1 42 81 41 51
Fax (0033)1 42 81 49 26