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France – new certificates for employees impacted by the curfew

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The healthcare issues caused by the Coronavirus keep worsening in France. Due to an increase of cases since the beginning of fall, the French government has set up a curfew between 9 pm and 6 am in order to prevent the virus’ propagation.

Implemented as of Saturday, 24th October 2020 for a minimal duration of 4 weeks, this restriction applies to the following French “départements”:

Ain (01), Hautes-Alpes (05), Alpes-Maritimes (06), Ardèche (07), Ardennes (08), Arège (09), Aube (10), Aveyron (12), Bouches-du-Rhône (13), Calvados (14), Corse-du-Sud (2A), Haute-Corse (2B), Côte-d’Or (21), Drôme (26), Gard (30), Haute-Garonne (31), Hérault (34), Ille-et-Vilaine (35), Indre-et-Loire (37), Isère (38), Jura (39), Loire (42), Haute-Loire (43), Loiret (45), Lozère (48), Maine-et-Loire (49), Marne (51), Meurthe-et-Moselle (54), Nord (59), Oise (60), Pas-de-Calais (62), Puy-de-Dôme (63), Pyrénées-Atlantiques (64), Hautes-Pyrénées (65), Pyrénées-Orientales (66), Bas-Rhin (67), Rhône (69), Saône-et-Loire (71), Savoie (73), Haute-Savoie (74), Paris (75), Seine-Maritime (76), Seine-et-Marne (77), Yvelines (78), Tarn (81), Tarn-et-Garonne (82), Var (83), Vaucluse (84), Haute-Vienne (87), Essonne (91), Hauts-de-Seine (92), Seine-Saint-Denis (93), Val-de-Marne (94), Val-d’Oise (95), French Polynesia (987).

Just like during lock down in March, the employer can provide a business trip justificative when the posted workers’ professional activities cannot be postponed, or when commuting is vital to the execution of an activity that cannot be done in a “remote working” setting between 9pm and 6am.

Seconded employees travelling during this period must fill in the business trip certificate only.

On the other hand, if the workers do not have the status of employee, or are independent workers, they will also need to fill in the exemption certificate and check box one on the form.

In the event of an onspection, an ID document may also be required, as well as any other certificate. If you not respect the curfew or if you are unable to present the certificate(s), you may be subject to the following penalties:

  • First penalty received: a €135 fine, which can increase up to €375 (if you do not pay or contest said fine before the deadline indicated on the notice).
  • In the case of a repeated offence within 15 days: ta €200 fine, going up to €450 (if you do not pay or contest said fine before the deadline indicated on the notice).
  • After 3 offences within 30 days: a fine of €3,750 and potentially, 6 months in prison.

Source : French Home Office (in French)

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