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Periodic penalty payments in the civil service
Verified 27 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Rest given by the employer for a period equal to the hours worked
Time during which an employee or a public official is at the disposal of the employer or the administration and complies with its directives without being able to freely go about his personal activities
Objective and specific reasons, linked to the continuity of the operation of the service, which may justify the refusal by the administration of a right or benefit to a public official (part-time work, leave, etc.)
Day that lasts from 0am to 24h. A time limit calculated in this way does not take into account the day of the decision giving rise to the time limit, nor the day of the deadline. If the deadline ends on a Saturday or Sunday, it is postponed to Monday. If the period ends on a public holiday, it shall be postponed by one day. For example, if a deadline ends on a Saturday and the following Monday is a holiday, it is postponed to Tuesday.
A periodic penalty payment is a period of time during which, without being at your place of work, you must be able to intervene if your administration so requests. The standby period may be compensated or recovered in the form of a compensating rest. We present you with the information you need to know.
What applies to you ?
State Civil Service (EPF)
A periodic penalty payment is a period of time during which you must stay at home or close to home to be able to intervene and perform work in the service of your employer's administration.
The periodic penalty payment is not a period of actual work.
However, if you perform an intervention during your stand-by duty period, the duration of the intervention and the time spent traveling to the place of that intervention shall be considered as actual working time.
The cases in which your employer's administration may use periodic penalty payments are fixed by ministerial orders after the opinion of the ministerial social committees.
The list of posts concerned and the conditions for the organization of periodic penalty payments shall be determined after consulting the Social Committees.
Periods of stand-by duty shall give rise to compensation or to one compensating restunder conditions laid down by decree.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions
Territorial (FPT)
A periodic penalty payment is a period of time during which you must stay at home or close to home in order to be able to intervene and perform work for your employer's administration.
The periodic penalty payment is not a period of actual work.
However, if you perform an intervention during your stand-by duty period, the duration of the intervention and the round trip to the place of that intervention shall be considered as actual working time.
The cases in which your employer's administration may impose periodic penalty payments, the conditions of their organization and the posts concerned shall be determined by deliberation after consulting the Territorial Social Committee.
You're a technical person
Periods of stand-by duty and interventions shall give rise to the payment of compensation or to one compensating rest.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions
As technical staff, you may be required, depending on your job, to perform 3 types of periodic penalty payments:
- Operating penalty for activities related to the prevention or repair of accidents on transport infrastructure and public equipment and to activities related to the monitoring or sustainability of transport infrastructure
- Decision-making penalty if you are a manager
- Security penalty that can be paid for any activity and whatever your category
Only interventions during a stand-by duty period may give rise to compensatory rest or compensation.
The period of stand-by duty itself may give rise only to compensation.
Compensating Rest
Where compensation is not paid, interventions carried out during a stand-by period shall give rise to compensatory rest under the following conditions:
Time of intervention | Compensatory rest period |
|---|---|
Hours worked on Saturday or on a day of rest imposed by the collective organization of work | Number of hours of actual work plus 25% |
Hours worked at night | Number of hours of actual work plus 50% |
Hours worked on Sundays or public holidays | Number of hours of actual work plus 100% |
The days and hours of compensatory rest shall be determined by your service manager, taking into account your request and the operational requirements.
You must take your compensatory rest within 6 months of the overtime work that entitles you to such rest.
Compensation
Periods of stand-by duty
A stand-by duty period shall give rise to compensation under the following conditions:
Type of periodic penalty payment | Periods of stand-by duty | Amount of compensation |
|---|---|---|
Operating penalty payment | Full week | €159.20 |
Night | €10.75 (or €8.60 if fractional periodic penalty payment is less than 10 hours) | |
Saturday or day of recovery | €37.40 | |
Sunday or public holiday | €46.55 | |
Weekend (Friday evening to Monday morning) | €116.20 | |
Decision penalty payment | Full week | €121 |
Night | €10 | |
Saturday or day of recovery | €25 | |
Sunday or public holiday | €34.85 | |
Weekend (Friday evening to Monday morning) | €76 | |
Security penalty | Full week | €149.48 |
Night | €10.05 (or €8.08 if fractional periodic penalty payment is less than 10 hours) | |
Saturday or day of recovery | €34.85 | |
Sunday or public holiday | €43.38 | |
Weekend (Friday evening to Monday morning) | €109.28 |
The security or operating penalty imposed less than 15 free days in advance shall be increased by 50%.
Intervention
In the event of intervention during the periodic penalty payment (irrespective of the type of periodic penalty payment), you shall receive, in the absence of compensatory rest, additional compensation under the following conditions:
Intervention period | Amount of compensation |
|---|---|
Weekday | €16 per hour |
Night, Saturday, Sunday or public holiday | €22 per hour |
You are non-technical personnel
Periods of stand-by duty and interventions shall give rise to the payment of compensation or to one compensating rest.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions
Compensating Rest
Periods of stand-by duty
If it is not compensated, a stand-by duty period shall give rise to compensatory rest under the following conditions:
Periods of stand-by duty | Compensatory rest period |
|---|---|
Full week | 1 and a half days |
Friday evening to Monday morning | 1 day |
Monday morning to Friday evening | 1/2 day |
Saturday, Sunday or public holiday | 1/2 day |
Night during the week | 2 hours |
Where the periodic penalty payment is imposed less than 15 days in advance, the hourly compensation shall be increased by 50%.
Intervention
In the event of intervention during the stand-by duty, you shall be granted additional compensatory rest under the following conditions:
Time of intervention | Compensatory rest period |
|---|---|
Hours worked on weekdays or Saturdays | Number of hours of actual work plus 10% |
Hours worked at night, on a Sunday or on a public holiday | Number of hours of actual work plus 25% |
Compensation
Periods of stand-by duty
If it does not give rise to compensatory rest, a stand-by period shall give rise to compensation under the following conditions:
Periods of stand-by duty | Amount of compensation |
|---|---|
Full week | €149.48 |
Friday evening to Monday morning | €109.28 |
Monday morning to Friday evening | €45 |
Saturday | €34.85 |
Sunday or public holiday | €43.38 |
Weeknight | €10.05 |
Where the periodic penalty payment is imposed less than 15 days in advance, the allowance shall be increased by 50%.
Periods of stand-by duty
In the event of intervention during the periodic penalty payment, you shall receive additional compensation under the following conditions:
Intervention period | Amount of compensation |
|---|---|
Weekday | €16 per hour |
Saturday | €20 per hour |
Night | €24 per hour |
Sunday or public holiday | €32 per hour |
Hospital (FPH)
A periodic penalty payment is a period during which, without being at your place of work, you must be able to intervene to perform work at the service of your employing establishment.
The periodic penalty payment is not a period of actual work.
However, if you perform an intervention during your stand-by duty period, the duration of each intervention, including travel time, is considered to be actual working time.
The head of establishment shall, after consulting the Social Committee, draw up a list of the activities, departments and categories of staff concerned by periodic penalty payments and their organizational conditions.
Periodic penalty payments shall be organized primarily using voluntary staff.
The same staff member may be on call for a maximum of 1 Saturday, 1 Sunday and 1 public holiday per month.
The duration of the periodic penalty payment may not exceed 72 hours for 15 days (120 hours for organ harvesting and transplantation services).
The stand-by duty service may be common to several hospitals.
The period of stand-by duty shall give rise to compensatory rest or to the payment of compensation.
The general conditions for recourse to compensation or compensation shall be laid down by the head of establishment after consulting the technical committee for establishment.
Compensating rest
The duration of the compensatory rest period shall be one quarter of the duration of the periodic penalty payment.
Thus, a 72-hour stand-by duty gives rise to a compensatory rest period of 18 hours.
Compensation
Your hourly allowance is calculated as follows:
[¼ x (annual gross salary + annual residence allowance)] / 1820.
The annual gross salary taken into account is your annual gross salary at the time of the periodic penalty payment.
Your annual gross salary is taken into account up to €31,079.01.
Your annual residency allowance is taken into account up to €310.79 if you are assigned to zone 2 or €932.37 if you are assigned to zone 1.
The hourly allowance may exceptionally be increased to the annual gross salary and residence allowance, if continuity of service constraints are particularly high.
The sectors of activity and the categories of staff concerned are then determined by the head of establishment after consulting the Social Committee.