Private sector employee: is the seniority premium mandatory?
Verified 15 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)
NoHowever, the labor code regulations do not require the employer to pay a seniority premium to the employee. We explain the conditions under which the premium must be paid if it exists.
The seniority premium is a remuneration paid to the employee, in addition to his salary, in exchange for his effort over a certain period.
Seniority shall be taken into account from the date of the first day of work in the company.
An employee may receive a seniority premium under one of the following conditions:
- Or it is provided for by collective agreement or the company agreement
- Or if it is provided for by employment contract
- Either by a use.
Reminder
The payment of a seniority premium is not required by law.
All staff of the company must be entitled to the seniority premium if it is provided for. The seniority premium should not be reserved for a few employees.
If the payment of the seniority premium is due to the employee and the employer refuses to pay it, the employee may enter the prud'homme council to assert his rights.
Please note
The apprentice has the same rights as other employees of the company. He may therefore receive a seniority premium, if it is provided for in the apprenticeship contract and according to his time in the company.
The amount of the premium is linked to a specific scale set up in the company and is progressive according to the employee's seniority.
The calculation of the seniority premium may be made on the basis of:
- of a lump sum
- or a percentage of your base salary
- or a percentage of your total gross salary
- or a percentage of the agreed minimum wage applicable in the company.
A simulator is available:
Whether the employee is entitled to a seniority premium and the amount of the seniority premium
Please note
In case of part-time work, the amount of the seniority premium shall be proportional to the working time provided for in the employment contract..
This premium is in addition to the basic salary and must be shown separately on the pay slip.
Please note
The seniority premium shall be subject social security contributions.
The seniority premium may be paid monthly or once at the end of the year.
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