With inflation, your expenses soar, but your salary remains stuck to the floor and if you have benefited from an increase this year, it is far from keeping up with inflation. The government has thought of you, you will soon be able to get paid for your unused RTT days, regardless of the size of your business. Until now, if your company does not have a time savings account (CET), you lose them if you have not taken them by December 31. This measure presented as intended to increase the purchasing power of employees has managed the feat of unanimously against it, among trade unions. Jean-François Foucard, CFE-CGC national secretary in charge of employment and training, does not hesitate, for example, to characterize it as an “intellectual scam”. Article 5 of the amending finance law voted on August 16 provides that private sector employees may ask their employer to pay all or part of their RTT days, it is up to the latter to accept or refuse.
This monetization concerns the days or half-days acquired from January 1, 2022 and will extend until December 31, 2025. These days will be paid with the increase in force in the company for overtime from the 36th to the 39th hour. . The Labor Code provides that these are increased by 25%, but, in 2016, the El Khomri law introduced the possibility of increasing them only by 10% within the framework of a branch or company agreement.
The legislator denies the relationship of subordination
This possibility of being paid for these days or half-days of RTT not taken is not strictly new. If you had not been able to take your RTT because of your employer, he had to pay you for them. Since 2016, a collective company agreement has enabled the monetization of RTT, in particular for employees on a day pass or with a CET. “From now on, there is no longer any need for a majority agreement, it is up to the goodwill of the employer. This measure is particularly hypocritical, because it pretends to forget the bond of subordination that exists between the boss and the employee. We can therefore fear pressure on employees to give up their RTT, especially in sectors where there is a shortage of labour, ”denounces Boris Plazzi, CGT Confederal Secretary in charge of wages. “For companies that have signed derogatory agreements providing for a 10% increase, we can fear a windfall effect to avoid hiring. Especially since these RTT days are exempt from employer contributions. “For the State, it is also a shortfall, because these days of monetized RTT will not be subject to income tax up to 7,500 euros. Another provision worries the trade unionist. “While these monetized days compensate for overtime worked, they do not fall within the overtime quota, so there is reason to fear an increase in the time worked. The risk is particularly high for non-executives. »