The RATP has taken a measure obliging parent agents who cannot telework to take leave instead of partial unemployment. A choice canceled by the Paris court.
Forced holidays instead of partial unemployment
Are you a RATP agent, you have to take care of your children whose school is closed but you do not have the possibility of teleworking? Look no further, the management of the RATP will make you take your leave instead of making you benefit from partial unemployment.
In order to limit the recourse to partial unemployment of its agents, the management of the RATP issued a note on Friday April 2, 2021 in which it learned aboutux agents that they should take time off during school vacations to be able to take care of their children. No recourse to partial unemployment, then planned by the government, was possible. Faced with this, the Solidaires union launched a procedure for canceling the measure after encountering a refusal to backpedal from the management.
A decision suspended by the administrative court
Thus, the administrative court of Paris decided on Tuesday April 20, 2021 to annul this decision of the RATP highlighting that ” making placement in partial employment conditional on a prior refusal to grant leave is likely to give rise to a serious doubt as to the legality of the decision “.
Thus, the RATP must suspend its policy. The Solidaires union reacted to the decision by means of a press release announcing the hope that the RATP will take ” a general measure aimed at restoring their rights to all RATP agents who have been required to submit annual leave for the care of their children during the school vacation period “.
For its part, the RATP took note of the decision of the administrative judge. Its management declared that it ” will continue to apply the rules provided for by the law of 25 April 2020 relating to the partial unemployment scheme “.