All you need to know about bad weather in the construction industry

Weather hazards sometimes interrupt work. Workers are then entitled to bad weather leave. They are paid by the weather insurance fund in order to compensate for the lack of salary. Here are a few reminders to clarify the procedures for employers.

Bad weather in the construction industry

Climatic hazards can seriously disrupt the planning of a construction site. Bad weather leave is used to compensate for the wage consequences for employees.

What is considered bad weather?

The Labor Code defines bad weather as atmospheric conditions that make work dangerous or impossible, either for the health and safety of employees, or because of the nature of the tasks to be performed.

In simple terms, bad weather refers to any weather condition forcing workers to stop working on the construction site because it is becoming too dangerous or impractical. This mainly includes frost, heavy rain, snow, ice, and high winds. Extreme temperatures, whether very hot or very cold, are not considered bad weather, even though they can be annoying.

The consequences of bad weather, such as floods or mudslides, do not give entitlement to bad weather leave but may result in technical unemployment if the construction site must be stopped. It is important to distinguish between the two situations.

The conditions for awarding bad weather leave

To receive an allowance for bad weather leave in the construction industry, the employee must meet the following conditions:

• Be present on the construction site when work is stopped. Workers who are absent for justified reasons (illness, work accident, authorized absence, etc.) can benefit from bad weather leave as soon as they should have resumed their activity.
• Have worked at least 200 hours in the two months preceding the bad weather and the stoppage of work. These 200 hours can be divided between several construction companies.
• Not having exceeded the limit of 55 days of compensation for bad weather since January 1 of the current year.

The amount of the bad weather unemployment benefit

To calculate the bad weather allowance, you must take into account The hours of work lost and the remuneration of the employee.

The employee receives compensation for each hour of work lost, From the second hour in the same week, and for Throughout the duration of the work stoppage. An isolated interruption of one hour is not compensated.

Indemnification limits are 9 hours per day, 45 hours per week and 55 days per calendar year. The maximum amount of the compensation is fixed at 75% of the salary that the worker received the day before the interruption of work.

Calculating the unemployment benefit for bad weather is simple: all you need to do is Multiply the number of compensable hours by the hourly wage and by 75% The benefits are paid by the employer at the time of pay and must appear on the pay slip.

The financing of bad weather compensation

Financing mechanisms make it possible to pool risks and support employers in the event of adverse weather conditions.

Bad weather insurance funds (CIBTP)

All construction companies are affiliated to the Caisse des Vacances In (CIBTP). This approved territorial body manages paid leave for bad weather for declared employees in the building sector.

For companies specializing in public works or with cooperative status, a similar service is provided by the Caisse Inat the national level. The objective of these funds is to pool the losses and partially reimburse to employers the benefits paid to their employees, so that the stoppage of construction sites does not affect their cash flow too heavily.

On the employer side, what is the procedure to follow?

Bad weather leave in the construction industry is financed by monthly contributions paid by each company. The rate of these contributions is fixed by ministerial decree, with an increase of 1% in the event of late payment.

Construction companies are confronted unequally with meteorological hazards and are therefore classified into two categories : structural and public works companies, and those in the construction industry. The former are much more exposed to the risk of bad weather than the latter and contribute at a higher rate.

Thresholds and exemptions

To take into account the diversity of the work carried out and the fact that some companies resort less frequently to bad weather unemployment, contributions are only due if the company's payroll exceeds a certain threshold. It is fixed by ministerial decree and is equivalent to 8,000 times the annual hourly minimum wage. Businesses with a lower payroll are exempt from contributions, but cannot benefit from reimbursements in the event of bad weather.

Indemnities and social security contributions

Whether or not a company is reimbursed for bad weather leave, the allowances paid to employees are exempt from social security contributions. If the work stoppage is declared within the prescribed period, the company can benefit from the coverage of paid vacation contributions and supplementary pension contributions on these benefits by the bad weather unemployment scheme.

These contributions create a reserve fund sufficient to spread the cost of repayments over the year, as bad weather is unpredictable.