Private sector salary: is seniority pay mandatory?
Verified 15 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
NoHowever, the labor code regulations do not require your employer to pay you a seniority bonus. 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.
Your seniority is taken into account from the date of your first day of work in the company.
You can receive a seniority bonus under one of the following conditions:
- Either it is provided for by your collective agreement or your company agreement
- Or if it is provided for by your 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 your seniority premium is due and your employer refuses to pay it to you, you can enter the prud'homme council to assert your 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 your seniority.
The calculation of your seniority premium can be done based on:
- 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
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 your base salary and must be shown separately on your pay slip.
Please note
the seniority premium shall be subject social security contributions.
The seniority bonus can be paid monthly or once at the end of the year.
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