SUPPLEMENTARY WORK

C.1. Definition of supplementary working hours

The supplementary hours defined below are either recorded in the hour credits defined in point C.7 or paid directly with an increase in accordance with the terms of point C.8.

• a) The working hours actually worked on the employer's orders exceeding the daily working time set out in the PTI are to be considered as supplementary working hours.
• If it is a working day on which no work was initially scheduled, it is understood that the entire effective working time is to be considered as a daily overrun of the PTI.
• b) All hours actually worked exceeding the maximum limit set by point A.4., in this case the maximum limit for establishing the PTI, are also to be considered as supplementary hours.
• c) All hours scheduled in the PTI that exceed the number of hours of the predefined annual semi-net working time are also to be considered as supplementary hours.

C.2. The increase for supplementary working time

Subject to the derogatory provisions set out in points C3 and C4, the 50% increase on supplementary hours worked is recorded in the "employer" credit in accordance with the terms of point C.7.

Alternatively, and in agreement with the employee, the employer may pay the increases on supplementary hours at the rate of 50% (cf. terms of point C.8.).

Each supplementary hour may give rise to only one increase for supplementary work.

C.3. The derogatory provisions

• a) An overrun of the daily working time set in the PTI does not give rise to an increase for daily supplementary work if it was communicated to the employee more than 120 hours (5 calendar days) in advance.
• b) An adaptation of the PTI carried out in the context of a request for leave for one of the events listed under article 20 of the CCT SAS (social leave) does not give rise to an increase. This derogation is limited to the applicant for the social leave.
• c) For employees working within services characterised by a permanently fluctuating daily working time, namely open-environment follow-up services, home care or home help services, palliative care services as well as day-care centres (maisons-relais) and crèches, the employer may opt for the scheme that derogates from the first paragraph of point C.1. and from point C.5. as described in the following paragraph, provided that the employees concerned benefit from 2 additional days of conventional leave per year. The Joint Committee may extend the list of services mentioned.

The PTI is drawn up in accordance with the above provisions on the basis of a normal distribution of the foreseeable workload. Subsequently, the PTI, or where applicable the adapted PTI, may be arranged within the following limits without giving rise to any increase: the daily working time may each time be increased or reduced by one hour and, four times per month, by a maximum of one and a half hours.

Any balance of the variations thus obtained exceeding the PTI, or where applicable the adapted PTI, by more than 12 hours per month represents supplementary hours eligible for an increase; any balance of the variations thus obtained lower than "minus 12" in relation to the PTI, or where applicable the adapted PTI, is to be cancelled; all other variations of the balance are to be added to or deducted from the residual annual semi-net working time.

The accounting of working time will be carried out in blocks of 5 minutes. The procedure for adapting the PTI may be specified at the level of the RTS.

• d) With regard to work carried out during interventions in the context of stand-by or telephone stand-by services: only the intervention work periods during stand-by exceeding 120 minutes over the course of a month will be increased.

C.4. Adaptations of the PTI following personal arrangements

Personal arrangements by an employee or between employees during the application of the PTI give rise to adaptations of the PTI and are subject to the prior agreement of the employer. The principles to be respected and the procedure for the written notification of personal arrangement actions are set out in the RTS.

Hours exceeding the PTI resulting from personal arrangements by an employee or between employees do not give rise to any increase for supplementary work.

If the total hours worked for the reference period is lower than the PTI due to such personal arrangements, this difference will be carried over to future monthly reference periods in order to be compensated in the context of the arrangement reached. Likewise, they are not cancelled in the context of the annual accounting.

C.5. Working hours below the hours set in the PTI

If, for reasons attributable to the employer's action, the number of hours set in the PTI is not reached, the difference will be counted as effective working time. However, the derogations of article 9 point C.3. c) are applicable.

C.6. The authorisation procedure for supplementary work

With regard to the procedure for the instruction or authorisation of the employer in relation to the adaptation of the PTI and the performance of supplementary hours, the employer will define for each employee the person having the power to give these instructions or authorisations, as well as a substitute for this person. The exact procedure relating thereto is to be set within the framework of the RTS.

C.7. Compensation by free time

A model of "hour credits" is established with a view to compensating supplementary hours and their increases by free time. This model applies if the employer and the employee have not opted by mutual agreement for the payment of the supplementary hours and/or the increases.

Half of each supplementary hour is paid into an "employer credit". The other half is paid into an "employee credit". The increases for supplementary work expressed in working time are paid in full into the "employer credit". The two credits are each capped at 100 hours unless otherwise provided in the RTS allowing caps lower than 100 hours. Hours exceeding the cap will be paid at the next monthly accounting. The state of the hour credits is brought to the employee's attention at the end of each month by means of the statement provided for in point B.9.

With regard to the "employer credit", the employer decides on the use of this hour credit according to the needs of the service, granting the employee compensation by free time. This compensation by free time may be granted:

– either in hour(s) or half-hour(s) with a maximum of 25% of the working time scheduled in the PTI for the working day concerned,

– or by half working day,

– or by working day.

Other terms nevertheless remain possible in the event of mutual agreement with the employee.

The employee has the "employee credit" at their disposal. If the needs of the service permit, the employee will, on request, benefit from compensation by free time on the agreed date. In this case, the hour credit may be requested in hour(s), half-day(s) or day(s).

The procedures for requesting and granting are identical to those in force for the annual recreational leave.

C.8. Payment

By way of derogation from the scheme of compensation by free time, the employer may, after agreement of the employee, proceed with the immediate payment, that is to say at the next monthly accounting, of the supplementary hours and the increases. In such a case, the paid increase supplement for supplementary hours is 50%.

The calculation basis for supplementary hours is the average hourly salary obtained by dividing the gross monthly salary by 173.

The gross monthly salary is composed of the basic remuneration together with, where applicable, the function bonus and the responsibility bonus. The general principle of the payment of supplementary hours and their increases may be set at the level of the RTS for all the employees of a service.