Can the increase in overtime be deleted?
In France, the increase in overtime remuneration is framed by law.A business manager cannot therefore decide to remove the wage increase in overtime.However, he may negotiate, under conditions, the increase rate via a collective agreement.Indeed, a collective agreement, a branch, business or establishment agreement may provide a lower increase rate without it being less than 10%.
The increase in overtime without conventional agreement
When no collective agreement is important to increase overtime, the rates applied are as follows:
For the particular case of companies which apply a weekly working duration greater than the legal duration fixed at 35 hours, the monthly remuneration paid to the employee can be calculated by multiplying the hourly remuneration by the 52/12 of this weekly work duration, alltaking into account the salary increase in overtime worked.More concretely, an employee subject to a weekly collective period of work of 39 hours will see his four overtime paid as follows: 4 hours x 52: 12, which does 17.33 hours overtime per month.
What is the basis for calculating overtime increase?
The calculation of the salary increase in overtime is carried out from the basic salary.The latter not being defined precisely by the legislation, it is necessary to rely on the case law in force to determine it.This one stipulates that "the salary elements whose fixing methods allow their direct attachment to the professional activity of the employee must be integrated into the basis for calculating increases for overtime" (Cass.sock.from 22-05-2019, n ° 17-22.376).
Certain premiums, such as diligent, danger, penalty bonuses, are incorporated into the basic salary used for the calculation of increases.On the other hand, the premiums related to professional costs, such as the basket bonus, the travel bonus, the clothing wear premium, are excluded from the plate of overtime increases.This is also the case of premiums related to the productivity of the company, premiums linked to a family event or even seniority premiums.
(By writing the HREF agency)
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