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1. Social protection against the pandemic2 1.1 Unemployment benefits Support for employment has taken the form of measures concerning jobseekers, furloughed workers, entertainment industry workers, and households on very low incomes. For the self-employed, this support also concerns: adjustment of contributions, the solidarity fund, and state-guaranteed loans. Nevertheless, NSW/SE can sometimes access unemployment benefit measures due to their previous activity as ’standard’ employees.
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Jobseekers can cumulate part of these benefits with their new salaries or independent income. This measure guarantees a monthly total income level (salary and benefits) at least equal to the benefit alone; 31% of unemployment beneficiaries are in work (UNEDIC 2020). 1.1.1 Support for people At the end of 2017, in non-agricultural sectors, 9% of standard self-employed people also had a salaried job, compared to 29% of micro-entrepreneurs (INSEE 2020).
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This makes them eligible for standard benefits open to jobseekers following an examination of their situation by Pôle Emploi [job centre]. Since 2018, self- employed people come under the scope of the unemployment benefit scheme. However, the over‑restrictive eligibility conditions have made this measure almost inoperable during the health crisis (Legros and Huteau 2021).
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Established by the act entitled ‘For the freedom to choose one’s professional future’ dated 5 September 2018, and by two decrees dated 26 July and 20 September 2019, 2. This section, less centred on NSW/SE, is developed further in the following report: Huteau et al. 2021.
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2021. Social protection of non-standard workers and the self-employed during the pandemic: country chapters 25 Country chapter France the allocation des travailleurs indépendants [self-employment allowance – ATI] was devised to adapt the French system to the diversification of work and employ‑ ment, to secure the professional transition of self‑employed people by creating a safety net, to encourage entrepreneurship, and to reduce disparities between em‑ ployed and self-employed workers.
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To be eligible for this benefit, which came into force on 1 November 2019, claimants must meet all of the following five conditions: – – – – – they must have worked in a self‑employed capacity continuously for at least two years in a single company; the activity must have ceased following a court decision (liquidation or receivership); they must be able to prove that they have actively searched for employment and have signed up at Pôle Emploi (job centre); their annual income must have been at least €10,000 during the two years preceding the cessation of activity; their personal resources (income and benefits) must amount to less than the revenu de solidarité active [active solidarity income benefit – RSA], or €564.78 per month for a single person.
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The lump-sum ATI allowance of €26.30 per day is paid out by Pôle Emploi for a maximum, non-renewable duration of 182 calendar days. It is allocated with no requirement to have paid in contributions on income from the self‑employed activity. The allowance is financed by all the resources of the unemployment insurance scheme (Unedic): unemployment insurance paid in by all employers on remuneration of employees, and a fraction of the contribution sociale généralisée [general social contribution – CSG].
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While estimations prior to the adoption of this measure pointed to a target of 25,000 to 30,000 potential beneficiaries and a take-up rate of 60%, figures discreetly released a year after the measure’s implementation report a 10% rate with 800 to 1,000 applications accepted and as many rejections. On 8 December 2020, the Minister Delegate for Small and Medium-sized Enterprises indicated that he planned to review the criteria for accessing the scheme in 2021.
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In addition to easing the eligibility criteria for unemployment insurance, the government has initiated discussions with representative employer organisations in order to develop, in the course of 2021, a comprehensive plan covering the different sectors of self-employment activity. The plan covers legal status, calculation of social contributions, unemployment, training, and transfer and procedures applicable in the event of failure of the business.
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Although this benefit is paid out by Unedic and requires registration with Pôle Emploi, its lump‑sum nature, the lack of requirement for prior contributions, and its link with previous income make it closer to a minimum income allowance than a social insurance allowance related to employment. The alignment between the different schemes largely remains to be established.3 3. Legros and Huteau (2021).
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Legros and Huteau (2021). 26 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros — Extraordinary and temporary benefit measures for jobseekers Starting from March 2020, the government alleviated most of the benefit procedures affecting jobseekers. These fine adjustments are aimed at making it easier to access unemployment benefits, to extend their duration, reduce constraints, and even increase the amounts of the benefit.
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These alleviations are as follows: maintenance of the training allowance, extension of payment of back‑to‑ work allowance, (ARE), extension of time limit and employment reference period, and greater flexibility for the minimum employment period. Most of the measures were implemented during the first lockdown in mid-March 2020. Several have been readjusted, in particular between the two lockdowns.
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These measures apply to all private‑sector employees seeking employment and signed up at Pôle Emploi who receive unemployment benefits (for more details on these different measures, see Annex 2). — Exceptional measures for people employed in the entertainment industry Intermittents du spectacle are employees occupied as performing artists, technicians or in an administrative position in the performing arts, audio‑visual or film industries.
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They alternate periods of work and unemployment on short- term contracts based on a project rationale. They come under a specific regime in the unemployment insurance system, which entitles them to benefits if they can prove 507 hours of work over the previous 12 months. This status concerns 272,000 employees. 117,000 intermittents (43%) declare sufficient hours of work to benefit from this status.
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To be eligible for the status of ‘intermittent’ and the related benefits, artists must be able to justify 507 hours of declared, remunerated activity (subject to precise conditions) over twelve months. Claimants’ cases are reviewed annually: if they have not cumulated another 507 hours over the previous twelve months, they lose their status; and if they have, they are eligible for another year of benefits.
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The status of intermittent du spectacle opens up the right to a daily allowance proportional to income ranging from €31.36 to €133.27. Given the Covid‑19 health crisis, which has put a stop to all activities relating to the performing arts, the audio-visual and film industries, since March 2020 employees in this sector have benefited from an extension of their entitlement to claim unemployment benefits in what has been called an année blanche (blank or free‑covered year).
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At the end of this measure scheduled to run until 31 August 2021, an examination will be made of eligibility to claim unemployment benefit including a number of potential modifications that have not yet been announced. This measure constitutes a strong response to professionals in a sector subject to total shutdown who are entitled to a specific unemployment package, which has however been the subject of numerous conflicts in the past.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 27 Country chapter France 1.1.2 Support for jobs: the solidarity fund Since the start of the Coronavirus Covid‑19 health crisis, the state and the regions have established a solidarity fund to prevent the closure of small businesses, micro‑ entrepreneurs, self‑employed people and the liberal professions, all of which have been strongly affected by the economic downturn linked to Covid-19.
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The fund pays out a compensation for the loss of revenue endured by self‑employed people affected by the crisis. Created on 25 March 2020, initially for three renewable months renewable three times, the measure is still in force at least until June 2021. The scope of this fund changes every month, as do the eligibility criteria, the amount of benefits and the population targeted by the measure.
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Decrees stipulate monthly the means for obtaining this financial support created as a response to the Covid-19 crisis. The support is based on two pillars: a first pillar of a maximum of €1,500 used in most cases; and a second pillar from €2,000 to €5,000 for beneficiaries eligible for the first aid of up to €1,500 and who face major financial difficulties.
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The sectors targeted are retailers, artisans, the liberal professions and other economic agents, whatever their status (company, individual entrepreneur, association, etc.) and tax and social regime (including micro‑entrepreneurs) with fewer than initially 50, then 10 employees. 1.2 Sick pay and sickness benefits Data on the impact of measures implemented by the general health insurance scheme are not yet available for specific categories.
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Their impact on healthcare expenditure is likely to be marginal given the costs of treating the virus and the reorganisation of the healthcare system.
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The measures have mainly consisted in reducing constraints and extending eligibility.4 ‑ Suppression de conditions relatives à l’attribution des indemnités journalières maladie [cancellation of conditions for allocating daily sickness allowance] It has been made possible to claim a daily allowance without having to fulfil eligibility conditions concerning minimum employment or minimum contributions (starting from February 2020).
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The daily sickness allowance amounts to 50% of the claimant’s basic daily wage. This is calculated based on the average gross wage up to a maximum of 1.8 times the monthly salaire minimum interprofessionnel de croissance (minimum wage – Smic), i.e. €2,770.96 net (based on the Smic rate of 1 January 2020).
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Even if the claimant’s wages are higher than this amount, the maximum daily sickness allowance rate for 2020 is €45.55 gross, and €60.73 gross for claimants with three dependent children and people on long‑term sick leave (compared to €60.02 in 2019).
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This measure concerns all work stoppages affecting people suffering from a health condition, vulnerable people at greater 4. https://www.ameli.fr/assure/covid-19/assurance-maladie-contact-droits-et-demarches- pendant-la-crise-sanitaire/les-actions-de-lassurance-maladie-pour-mieux-vous-proteger 28 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros risk of developing a serious form of Covid‑19, and parents obliged to look after their children following the closure of their school or crèche.
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During the first lockdown (17 March to 11 May 2020), there were 400,000 work stoppages for vulnerable people, 60,000 for Covid-19 cases, and 2.3 million for parents looking after children.
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This number is higher than the number of beneficiaries because stoppage requests had to be renewed every three weeks during lockdown.5 ‑ Attribution des indemnités journalières maladie à compter du 1er jour d’arrêt de travail [allocation of daily sickness allowance starting from the first day of stopping work] The three‑day waiting period usually included in the calculation of daily allowances has been cancelled, so that allowances can be paid out from the first day of sick leave (starting from 23 March 2020).
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This measure removes the unpaid three- day waiting period normally applicable, resulting in an additional three days. This measure is essentially an adaptation designed to make existing rules more flexible.
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‑ Prolongation de la période maximale d’indemnisation de l’arrêt de travail [extension of the maximum period for sick leave compensation] The maximum number or maximum period of payments of daily allowances has been cancelled, in order not to penalise beneficiaries at the end of their daily allowance (from 23 March 2020). Covid-19 can trigger chronic disorders. However, this pathology does not feature in the established list of long‑term diseases.
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In general, the total maximum duration of allowances for people coming under the health insurance scheme is 360 days every three years. In the case of Covid‑19, this duration condition no longer applies. This measure applies to both employees and the self‑employed diagnosed with Covid‑19.
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‑ Allocations complémentaires dues par les employeurs en cas d’arrêt de travail [additional allowances payable by employers in the case of work stoppage] Following the closure of all schools and establishments receiving young people on 16 March 2020, it was decided that people covered by healthcare insurance and obliged to stay at home to look after children aged under 16 could benefit from compensation for stopping work for the entire period of the school closure.
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On 18 March 2020, the state decided that people at risk of developing a serious form of Covid‑19 could also stop work and receive sick pay as a preventative measure. The measure was then extended to people sharing their homes with someone at risk. 5. La Tribune, based on a communication from the national health insurance to Agence- France‑Presse, 22 April 2020.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 29 Country chapter France 1.3 Leave for taking care of children aged under 166 Through a series of decrees in January 2020,7 the government attempted to provide solutions to parents with no other choice but to stop work to look after their children following the closure of their crèche or school, or when children were identified by the national insurance system as being contact cases of infected people.
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Thanks to these measures, parents have benefitted from a replacement income from the first day of stopping work, and at the latest until the end of the confinement period. The compensation measures cover all relevant work stoppages, with different applications: first between 17 March 2020 to 30 April 2020 with the daily sickness allowance (see 2.3.5) and then, since 1 May 2020, with chômage partiel (a job- retention scheme). These measures were not applied during school holidays.
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Since 1 September 2020, they apply to parents, with some restrictions. The compensation can be claimed by one parent per household, in case of both parents’ incapacity to telework, following presentation of a justification attesting to either the closure of the class or a contact case situation for the child. For all types of work status, the replacement rate is 100% of wages with no obligatory waiting period. The duration of the payment is the following 14 days.
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For the self‑employed: – – – – both parents must be incapable of teleworking; both parents must be incapable of working remotely. The claimant must therefore present two documents: (i) a justification attesting that the class is closed (provided by the school or town hall) or that the child is a contact case (document provided by the national health insurance); and (ii) a sworn statement that he or she is the only one of the two parents applying to stop work for the days concerned.
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This arrangement, which only one parent can claim, applies from the first day of stopping work and up to the end of the confinement period at the latest; the child must be younger than 16 on the day of the start of the work stoppage. For disabled children, there is no age limit; a justification attesting to the closure of the class or a ‘contact case’ situation must be retained and made available to the national health insurance in case of checkscontrol; 6.
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Arrêt de travail pour garder un enfant de moins de 16 ans. 7. Decree No. 2021-13 of 8 January 2021 providing for the application of derogations relating to the benefit of daily allowances and complementary allowances established in article L. 1226-1 of the Labour Code and to the conditions for health insurance coverage of certain healthcare costs in order to combat the Covid-19 epidemic. Decree No. 2020-1386 of 14 November 2020 amending decree No.
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2020-1386 of 14 November 2020 amending decree No. 2020-73 of 31 January 2020 relating to the adoption of suitable conditions to claim cash benefits for people exposed to coronavirus. Decree No. 2020-73 of 31 January 2020 relating to the adoption of suitable conditions to claim cash benefits for people exposed to coronavirus.
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30 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros - this measure applies from the first day of stopping work and at the latest until the end of the confinement period. The authorisation to stop work can be declared for a duration corresponding to the closure of the school provided it does not exceed 21 days.
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The work stoppage can be split over time or shared between the parents for the duration of the school closure.8 ‑ For the self‑employed, liberal professions, and contract workers under public law, the formula is a special authorisation to stop work.
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The following people can be covered by this authorisation to stop work with no obligatory waiting period: self‑employed people; self‑employed farm workers; author artists; people on vocational training; the liberal professions; healthcare professionals; employee managers; contract workers under public law; part‑time civil servants working fewer than 28 hours; registered childminders.9 2.
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Potential effects of these measures on non-standard workers and the self employed 2.1 Greater convergence The convergence between measures affecting ’standard’ employees and ‘non- standard’ and self‑employed workers is greater in the healthcare system. This evolution, although accelerated by the pandemic, follows a trend towards standardisation that has been taking place for several years. The shift was made concrete by the adoption of the principle of universal social protection initiated by Act No.
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2015-1702 on financing the social security system for 2016. The health insurance system for self‑employed people has been part of the general health insurance fund since 1 January 2018. Since 1 November 2019, the couverture 8.
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The authorisation to stop work is established by the national health insurance system following an online declaration via the tele‑service set up by the Caisse nationale de l’Assurance maladie (national health insurance fund, CNAM) or the Mutualité sociale agricole (agricultural mutual insurance fund, MSA) made by the beneficiary except for: (i) people on vocational training courses, who are declared by their training provider; and (ii) agents under public law, who are declared by their employer.
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The above must provide the following to their employer: (i) a justification from the school certifying that the child cannot come to school, or a document from the national health insurance certifying that the child is considered as a ‘contact case’; and (ii) a sworn statement that he or she is the only one of the two parents applying for an authorisation to stop work for the days concerned. 9.
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9. However, researchers from the OFCE (Observatoire français des conjonctures économiques – French economic observatory) published a note on ‘l’emploi des femmes et des hommes pendant la période de confinement du 17 mars au 10 mai 2020’ [employment of men and women during the lockdown from 17 March to 10 May 2020].
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The authors looked at each gender by employment sector to evaluate the number of people whose employment was destroyed during the period, those who were furloughed, and those who were authorised to take paid leave to look after children. When both parents were eligible, the authors conclude that 90% of parents who took advantage of the latter measure were women (Ducoudré and Périvier 2020).
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 31 Country chapter France maladie universelle complémentaire (CMU-C) [complementary universal health coverage] and aide au paiement d’une complémentaire santé (ACS) [aid to pay for complementary health coverage] have been replaced by complémentaire santé solidaire [solidarity complementary health coverage].
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With the aim of guiding undeclared workers towards wage labour, the Chèque Emploi Service (CESU) [service employment pay cheque] was created in 1994 by the URSSAF network. It simplifies employee-employer relations for activities carried out in the employer’s home (housework, academic support, small gardening jobs, assistance for the elderly and disabled).
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In 2019, the Observatoire de la Fédération des particuliers employeurs de France [observatory of the federation of individual employers in France] indicated that 3.3 million individuals employed 1.4 million employees for a total of 1.5 billion remunerated hours, constituting a net wage bill of 8.7 billion euros.10 During the first lockdown, these employees were eligible for the job retention scheme, which allowed them to continue to receive an income during the pandemic.
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These procedures do not however eradicate the large differences between full-time employees and other groups when it comes to compensation for loss of income due to work stoppage for illness, maternity or occupational accidents.
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2.2 Measures that target a wide-reaching population Throughout the health crisis, while all of the measures concerned a significant number of people, it is difficult to distinguish between the different types of work status and to evaluate the extent of non‑take‑up, in particular for people in precarious situations. Aides exceptionnelles de solidarité [exceptional solidarity support] has been granted to 4.1 million of the poorest families, including five million children.
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Extraordinary bonuses for some jobseekers, providing income for precarious employees who work part time or are in casual employment, and for unemployed low unemployment benefits should benefit about people receiving very 450,000 precarious workers including 80,000 young people. The solidarity fund has also benefited a significant number of microentrepreneurs. In early May 2021, the total amount allocated to this support amounted to €25,009.23 million.
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In May 2021, 8,695,913 allowances were paid out, benefiting 2,010,020 companies, of which 33.5% were individual entrepreneurs, 37.3% were limited companies, 23.3% joint-stock companies, and 5.9% fell into other legal categories.
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10. https://www.fepem.fr/wp-content/uploads/Rapport-sectoriel-des-Branches-2021_HD.pdf 32 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros 2.3 Double limitation Although these measures have widely benefited non-standard workers and the self-employed, they do have two limitations. The first concerns some of the criteria for eligibility.
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For example, when solidarity fund support is calculated on the basis of the whole of 2019, it excludes all microentrepreneurs who started their activity during that year. And while 272,000 entertainment workers exist in France, only 117,000 (43%) can justify a sufficient number of hours to fully benefit from this status. The second limitation concerns the low level of support provided to NSW/ SE.
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While the job retention scheme means that standard workers receive 70% to 100% of their former salary, the support provided to NSW/SE is closer to a welfare benefit. The most extreme illustration is the creation of an unemployment benefit procedure for self-employed people. It was initially set up to handle 25,000 to 30,000 requests in the first year, but only received 800 applications because the eligibility conditions were so restrictive.
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In addition, benefits are often calculated to reach the level of the RSA (about 500 euros), which is well below the poverty line. As a result of these limitations, the measures have turned out to be less effective for poorer communities and precarious workers.
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This insufficiency is apparent in a great number of these people’s accounts of the living conditions they endured during the health crisis.11 2.4 Poverty and inequality Confronted with lower incomes, or unable to access support systems, people in difficulty have resorted to the safety nets represented by minimum social benefits.
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The number of beneficiaries of the revenu de solidarité active (RSA) [active solidarity income] rose sharply from the very start of the health crisis, reaching 2.03 million people in December 2020, which is a 7.6% increase compared to December 2019. Following a steady decrease since 2015, interrupted by the first lockdown, the numbers of beneficiaries of the allocation de solidarité spécifique (ASS) [specific solidarity allowance] increased dramatically between May and September 2020 (+11.2%).
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During 2020, the Fédération Française des Banques Alimentaires [French federation of food banks], which supplies 5,400 centres, increased its distributions by 25%, and on 8 September 2020 the Minister for Health and Solidarity reported that an estimated 8 million people were in need of food aid, compared to 5.5 million in 2019. Concerning inequality, the first results of the survey by Epicov (Épidémiologie et conditions de vie [epidemiology and living conditions] involving 135,000 people 11.
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‘Entre insomnie, chute des revenus et volonté d’avancer, les indépendants racontent leur crise’, [sleepless nights, a drop in income and the will to keep going: self‑employed people talk about their experience of the crisis] Le Monde, 21 May 2020, and Lambert and Cayouette‑Remblière 2021. Social protection of non-standard workers and the self-employed during the pandemic: country chapters 33 Country chapter France from March to May 2020 insists on the cumulative impact of social inequalities.
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These inequalities include differences in mortality rates, the prevalence of infection, and more acute social vulnerabilities (Bajos et al. 2020). The most recent analysis on inequality and poverty insists both on the short‑term protective role played by state measures and on the risks faced by the poorest people in the post-crisis period (Lambert and Cayouette-Rembliere 2021; Duvoux and Lelièvre 2021): ‘It’s never been easy to be poor but now it’s worse.
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Beyond the need to compensate for the immediate impact of the crisis, it is absolutely essential to prevent the long-term and sometimes irreversible trajectories of poverty, which are often the hidden side of crises: France in 2021 still bears the traces of the 2008 crisis.’ — Exceptional solidarity aid for the poorest households To tackle the consequences of the health crisis for poorer households, the state set up two exceptional solidarity allowances at separate times.
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The two exceptional solidarity allowances amount to €150 per household in a single payment. Beneficiaries who have children receive an additional €100 per dependent child. Beneficiaries eligible twice receive two payments.
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Beneficiaries eligible twice receive two payments. Beneficiaries of the different minimum income schemes and beneficiaries of one of the personalised housing allowances who do not receive revenu de solidarité active [active solidarity income, RSA] or allocation de solidarité spécifique [specific solidarity income, ASS] and have children are also covered.
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— Extraordinary bonus for some jobseekers An extraordinary bonus guarantees a minimum income for precarious employees who work part time or are in casual employment, and for unemployed people receiving very low unemployment benefits. This state aid is paid automatically (without the need for an application) by Pôle Emploi to jobseekers, whether or not they receive unemployment benefit. This decision was taken at the end of the month of December 2020 for the period from November 2020 to May 2021.
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The amount of the bonus makes up the difference between an individual’s income (unemployment benefits, replacement revenue such as RSA, 60% of wages, etc.) and the monthly amount of €900 net. The target public is workers affected by a considerable drop in the number of missions proposed by temporary employment agencies and short‑term contracts caused by the health crisis.
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They are known as permittents and include employees in the hospitality industry, such as hotels, restaurants and events, seasonal workers and temporary staff. 34 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros 3. The role of national trade unions12 Since the presidential election of 2017 and up to the start of the health crisis in March 2020, relations between the government and unions were marked by tension and clashes.
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Key conflicts during this period include the 2017 reform of the Labour Code, one of the consequences of which was to reduce the place of unions in small companies, the railway worker strike in reaction to the threat to their special status13 in 2018, and in particular the constitution of a trade union front to block the pensions reform from September 2019 to March 2020.
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With little desire to involve the unions in the management of national issues, the government refused the unions’ proposal of organising a social conference at the start of the ‘yellow jacket crisis’ to attempt to resolve the social issues raised by this movement. Drawing lessons from that yellow jacket crisis, the government has regularly consulted union organisations throughout the pandemic.
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These consultations have taken the form of numerous informal meetings, and three ’social dialogue’ conferences on 17 July and 26 October 2020, and 15 March 2021. The public health crisis could have been an opportunity to organise a common front to wield influence on government policies to ensure employee security and prevent social risks. This has not been the case.
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This has not been the case. Traditional divisions have once again prevailed with, on the one side, dissenting unions acting on the defensive, and on the other, unions keen to participate in transforming the world of work through negotiations.
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The first group includes the following unions:14 — the Confédération Générale du Travail (CGT), which has championed protection for workers through maximum lockdown in a context of frequent internal divisions; — the Fédération Syndicale Unitaire (FSU), deeply rooted in the national education system; — ’solidaires’, promoting ’struggle’-based trade unionism, active in its various footholds.
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The second group of unions that have attempted to be involved in the debates includes: — the Confédération Française des Travailleurs (CFDT), which intervened to improve the furlough scheme and create measures aimed at young people; — the Confédération française des Travailleurs chrétiens (CFTC), which worked with the CFDT to call for a return to work; — the Union Nationale des Syndicats Autonome. 12.
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12. This section is the result of researching several internet sources, including the blogs of representative national trade unions and the websites of organisations representing NSW/ SE, along with information from the Trade Union Advisory Committee (TUAC). 13. SNCF employees are not civil servants, but since 2020, most staff members (known as cadres permanents [permanent managers]) benefit from a specific status (statut cheminot [railroad worker status]) and a special retirement regime.
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All attempts to modify this status have resulted in large‑scale union protests. 14. https://www.clesdusocial.com/ 25 July 2020. Social protection of non-standard workers and the self-employed during the pandemic: country chapters 35 Country chapter France A third group of unions comes somewhere in the middle, calling for maximum health security while positively defending economic recovery.
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This group includes Force Ouvrière, (FO) and the Confédération Française de l’Encadrement- Confédération Générale des Cadres (CFE‑CGC).
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Without participating in jointly steering decisions, and in an extremely centralised government system, trade unions nevertheless consider that they have influenced several choices, including the deferral of the application of the unemployment benefit and pensions reforms, the setting-up of a solidarity fund for the self- employed, the extension of the job retention scheme to a maximum number of employees, and raising awareness of the need to provide protective equipment to workers (care home employees, home helps, cashiers, etc.).
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However, despite demands from most trade unions, they have not succeeded in obtaining sanctions for companies that provide little or no protection for their employees. Nor have they obtained the concretisation of a draft law prohibiting the payment of dividends to shareholders, a policy that the government has put under the responsibility of companies. All unions condemned the ruling of 25 March 2020 authorising companies to exceed standard working hours.
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The unions also expressed regret at not being able to help define the list of sectors maintained for essential needs and the stoppage of non‑essential activities. Sectorial negotiations took place to stipulate work arrangements in the education system and various occupations during lockdown periods. On 26 November 2020, employer organisations and unions finalised a national inter-professional agreement ‘for the successful implementation of teleworking’.
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The most important negotiations, the ’ségur de la santé’, related to pay and organisation of work for healthcare professionals. These agreements signed on 13 July 2020 by CFDT, UNSA and FO unions establish higher pay for hospital, medical and non‑medical occupations, the creation of 15,000 additional positions, and new hospital governance, along with an investment of 6 billion euros in établissements accueillant des personnes âgées en perte d’autonomie (EHPAD) [care homes].
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Union organisations have also played a significant role in supporting and informing their members, and more generally all employees, through numerous internet websites. 4.
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4. Future perspectives Concerning paid employees in precarious situations, the debate currently focuses on implementing the reform of unemployment insurance, which includes taxation of short contracts starting from 2022.15 It also looks at improving the labour market through access to training, as mentioned in the joint press release from 15.
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On the development of short contracts: Bruno Coquet, Éric Heyer, Contrats courts : trop de règles, pas assez d’incitations économiques [short contracts: too many rules, insufficient financial incentives], Sens, December 2020, http://ses.ens-lyon.fr/articles/contrats-courts- trop‑de‑regles‑pas‑assez‑dincitations‑economiques 36 Social protection of non-standard workers and the self-employed during the pandemic: country chapters Michel Legros the ministries for labour and Europe and foreign affairs.16 More generally, it is reasonable to presume that this double matter concerning the self‑employed and precarious workers could make progress during the French presidency of the European Union Council during the first half of 2022.
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Without explicit reference to the Recommendation,17 several groups of studies have been initiated in France on a revision of self-employed status. A first set of remarks has been produced by the Haut Conseil du Financement de la protection sociale (HCFiPS 2020) [high council of financing for social protection], whose latest report dated May 2020 indicates different potential and recommended avenues for change.
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The first concerns simplification and more equal treatment between employees and the self‑employed. This equity should involve a revision of the income tax base, given that self‑employed people are currently mainly taxed via a generalised social contribution that provides them with no direct compensation in terms of social rights.18 In addition, the self-employed declare low incomes and are subject to high levels of social contributions.
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This situation is all the more unfair given that employers of low-income employees benefit from numerous exemptions from social contributions, while the self‑employed do not. Pursuing this hypothesis of bringing the self‑employed closer to the general social security scheme, the authors of the report observe that it would be possible, without modifying the status of self‑employment, to incorporate a large number of platform workers into the general scheme.
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This incorporation could concern social coverage only, with no impact on employment legislation. The recent example of the administrative switch from the Régime social des Indépendants [social scheme for the self‑employed] to the Régime général de Sécurité sociale [general social security scheme] demonstrates the feasibility of this integration: an integration that would be improved if the health insurance scheme provided self‑employed people with a higher‑quality service.19 16.
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Plan d’action pour la mise en œuvre du Socle Européen des droits sociaux : Elisabeth Borne et Clément Beaune saluent l’ambition de la Commission européenne [Action plan for the implementation of the European Pillar of Social Rights, Elisabeth Borne and Clément Beaune welcome the ambition of the European Commission], Press release, 5 March 2021. 17.
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17. The Prime Minister’s mission letter dated 13 January 2020 constituting this work group to produce the report on regulating digital platforms refers to Act 2016-1088 of 8 August 2016 on work, modernisation of social dialogue and securing of career paths. It was not until 5 June 2020 that a complementary mission letter reminded the chairman of the working group that its proposals will be ‘in preparation for a summit on platform workers planned by the European Commission’. 18.
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18. While the payment of social contributions based on wages opens up eligibility to social rights, the Contribution Sociale Généralisée does not, since it works as a tax rather than insurance. 19. Created in 2006, the régime social des indépendants [social scheme for the self‑employed – RSI] had 6.6 contributors on 1 January 2017. It was aimed at the liberal professions, auto-entrepreneurs, artisans, small retailers and self-employed freelancers.
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RSI paid out complementary pensions, daily sickness payments, and sickness and maternity benefits. Following significant technical problems related to calculating contributions and benefits, on 1 January 2018 the management of this scheme was transferred to the general social security scheme. This move did not modify the amounts of contributions and benefits.
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Social protection of non-standard workers and the self-employed during the pandemic: country chapters 37 Country chapter France The second report,20 relating more directly to self‑employed workers linked to the development of digital platforms, examines different hypotheses, including a maintenance of the status quo but with the acceptance of court rulings, which are likely to re‑evaluate employment contracts in self‑employment situations.
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An example is the Uber Decision made by the Court of Cassation on 4 March 2020 which re‑evaluated the relationship between a driver and a platform as an employment contract. Among other hypotheses, the report examines and dismisses the application of employee status to all platform workers.
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The report also dismisses the hypothesis of creating a new status in‑between those of employee and self‑employed, due to a risk of levelling down and returning to the former special service agreements, whose disadvantages are well known and rejected. The report includes a proposal for an innovative compromise, which would involve generalising platform workers’ use of intermediate organisations between employees and employers to provide them with a salary.
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This option already exists in the form of umbrella companies and employment and activity cooperatives. In such cases, platform workers receive a salary from the umbrella company and access the general social security scheme, unemployment insurance, and all employee rights and advantages (e.g. permanent contracts are required to access rented accommodation in large cities).
Financial inclusion
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They can also access the job retention scheme and measures such as the compte pénibilité [arduous work account], now known as the compte professionnel de prévention [occupational prevention account]. Along with these guarantees, self‑employed workers signed up with umbrella companies retain their flexibility and autonomy: there is no subordinate relationship, and they remain free to organise their work as they please.
Financial inclusion
Social Protection Jobs and Economic inclusion
Australia
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