{"id":8744,"date":"2024-09-11T16:03:02","date_gmt":"2024-09-11T14:03:02","guid":{"rendered":"https:\/\/www.groupe-aplitec.com\/?p=8744"},"modified":"2024-09-11T16:03:02","modified_gmt":"2024-09-11T14:03:02","slug":"the-buying-back-of-rtts","status":"publish","type":"post","link":"https:\/\/www.groupe-aplitec.com\/en\/human-resources\/the-buying-back-of-rtts\/","title":{"rendered":"The buying back of RTTs"},"content":{"rendered":"

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 <\/p>\n

Preamble<\/h2>\n

At the end of the year, it may be necessary to anticipate the purchase of the rest days of your employees on a fixed number of days contract as well as their RTT.<\/p>\n

There will be two different mechanisms between the buying back of rest days as part of a fixed number of days contract and the monetization of RTT. We take stock of the situation in this note.<\/p>\n

 <\/p>\n

\u00a01. The mechanism for buying back rest days
<\/span><\/span><\/span><\/strong><\/p>\n

\u00a01.1 The conditions<\/strong><\/span><\/strong><\/span><\/p>\n

An employee may, in agreement<\/span> with his\/her employer, give up part of his\/her rest days in exchange for an increase in salary<\/span>. In this sense, the employee will\u00a0 work beyond the 218-day limit with the agreement of his\/her employer.<\/p>\n

The buy back must be formalised by an amendment<\/span> to the flat-rate agreement determining the rate applicable to the remuneration of this additional working time, which may not be less than 10%. Please note that an annual limit of days worked cannot be exceeded (according to the law, and in the absence of an agreement, the limit is set at 235 days).<\/p>\n

Our employment law department can assist you in drafting the amendment and establishing the amount of this buy back. <\/em><\/p>\n

<\/em><\/p>\n

1.2 Social security and tax system<\/strong><\/span><\/p>\n

The compensation of the employee due to the excess of his fixed days benefits from a reduction in social security contributions in respect of the part of the remuneration corresponding to the rest days renounced.<\/p>\n

In addition, the increased remuneration for days worked in excess of 218 days allows a flat-rate deduction of employer contributions.<\/p>\n

Finally, with regard to the tax system, days worked in excess of 218 days are exempt from income tax.<\/p>\n

 <\/p>\n

\u00a02. The RTT monetization mechanism
<\/span><\/span><\/span><\/strong><\/p>\n

2.1 What is it ?<\/strong><\/span><\/p>\n

This is a new mechanism introduced by the amended Finance Act of 16 August 2022 providing for the option for employees to monetise all or part of their rest days or half-days acquired for periods after 1 January 2022 and until 31 December 2025<\/span><\/span>.<\/span><\/p>\n

The employee may waive all or part of his RTT days. The employer can refuse the request to monetize RTT days.<\/p>\n

The law does not impose any particular formality for requesting the redemption of RTTs. In this sense, the employee can make his request by any means.<\/p>\n

2.2 Which employees are affected ?<\/strong><\/span><\/p>\n

The employees concerned are:<\/p>\n