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FranceLégifrance

State tops up short-time cost for firms damaged in 17-18 October unrest

Firms with under 250 staff hit in the 17–18 October unrest get a State top-up per short-time hour — the gap between the indemnity paid and the allocation received.

By Taxxa AI OyPublished 29 October 2026

Public Sector & Economy

Industry: Across industries

Décret n° 2026-995 du 27 octobre 2026 creates an exceptional State aid for enterprises with fewer than 250 employeesLegifrance Legifrance that suffered damage in the urban unrest surrounding the demonstrations of 17 and 18 October 2026Legifrance. Headcount for the threshold follows the rules of Article L. 130-1(I) of the Code de la sécurité sociale. Two cumulative conditions apply: the enterprise holds an activité partielle authorisation on the ground of Article R. 5122-1(3°) of the Code du travail — a sinistre ou des intempéries de caractère exceptionnel — following the damage suffered in that unrest, and it proves it filed a complaint with the judicial police plus, where applicable, the claim for the 17 or 18 October 2026 loss with its insurer.Legifrance

The aid is due for each indemnisation request covering the period from 17 October 2026 to 31 January 2027Legifrance and transmitted under that authorisation. For every non-worked hour counted in the activité partielle allocationLegifrance, the aid equals the difference between the short-time indemnity the employer pays the employee under Article R. 5122-18 and the allocation the employer receives computed under Articles R. 5122-12 and D. 5122-13Legifrance. As a reference, the standard hourly indemnity is 60% of the employee's gross pay as used for paid-leave indemnity, capped at 4.5 times the hourly SMIC, while the standard hourly allocation is 36% of hourly gross pay capped at 4.5 SMIC with a floor of 8.57 euros. The aid therefore covers the employer's residual short-time cost per hour.

The préfet of the département where the establishment sits grants the aid, the Agence de services et de paiement disburses it, and supporting documents are filed on the dematerialised site of Article R. 5122-26. The administration may ask the employer for any further information needed to grant, pay and control the aid. Hours already covered by business-interruption insurance that pays wages cannot open the aid, and where the insurer compensates after the aid was paid, the employer repays the undue amounts.

Undue payments trigger a formal demand giving the employer at least thirty days from notification to repay the Agence de services et de paiement. On a reasoned request filed before that deadline with evidence of its economic and financial situation, the préfet may grant a total or partial remission where repayment is incompatible with that situation, by a reasoned decision notified to the Agency that weighs cash, turnover and the amounts at stake. The Agency is the controller of the data processing, including personal data, needed to pay the aid and handle complaints and appeals. The aid may be reduced to respect the ceiling of Article 3 of Regulation (EU) 2023/2831 — the de minimis cap of 300,000 euros per single undertaking over three fiscal years. Legal basis: Décret n° 2026-995 du 27 octobre 2026; Code du travail, Articles R. 5122-1, R. 5122-12, R. 5122-18 and R. 5122-26; Regulation (EU) 2023/2831, Article 3.

If the 17-18 October unrest damaged your premises, secure an activité partielle authorisation on the R. 5122-1(3°) ground, file the police complaint and insurer claim, and request the per-hour top-up for 17 October 2026 to 31 January 2027.

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