Summary
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Principle of equivalent compensatory rest
The RCE equivalent compensatory rest (formerly RCR Repos Compensateur de Replacement) makes it possible to replace, in whole or in part, the payment of overtime worked beyond 35 hours by rest.
Reminder on overtime pay
Numerical example :
An employee of a company, remunerated €1561.70 per month performs in June 2012:
- 36 hours the 1st week;
- 38 hours the 2nd week;
- 37 hours the 3rd week;
- 35 hours the 4th week.
His pay slip will then be:
Presentation of pay slip | |||
Name | Number | Rate | Rising |
Monthly salary 35h | 151.67 | 10.00 | €1,516.70 |
Overtime and increase with a rate of 25% | 6 | 12.50 | 75,00€ |
Gross salary | €1,591.70 |
Use of partial NCE
The overtime increase is replaced by rest time.
Overtime is therefore paid but not increased.
The pay slip will then be:
Presentation of pay slip | |||
Name | Number | Rate | Rising |
Monthly salary 35h | 151.67 | 10.00 | €1,516.70 |
Overtime 100% | 6 | 10.00 | 60,00€ |
Gross remuneration | €1,576.70 |
The RCE must be included in the appendix to the pay slip, on the compensatory rest monitoring document:
RCE = 6 hours* 0.25 = 1 hour and 30 minutes.
Using the global NCE
All overtime is replaced by time off.
However, be careful not to forget that overtime is usually paid with a 25% increase.
Presentation of pay slip | |||
Name | Number | Rate | Rising |
Monthly salary 35h | 151.67 | 10.00 | €1,516.70 |
Gross remuneration | €1,516.70 |
Full rest must be included in the appendix to the pay slip, on the compensatory rest follow-up document:
RCE = 6 hours* 1.25 = 7 hours and 30 minutes.
Be careful not to assign only 6 hours of RCE.
Relationship with the overtime quota
In case of global RCE: no imputation overtime on the quota.
In case of partial RCE: imputation on the quota.
Implementation of the RCE regime (partial or global)
The implementation can be planned by:
- a company or establishment convention or agreement;
- failing this, by a convention or branch agreement;
- in the absence of union delegates, the implementation can be done by unilateral decision of the employer provided that neither the works council nor the staff representatives oppose it;
- the administration even admits the implementation by the employer on his own initiative in the absence of works council and trade union delegates.
Our tips:
When setting up the plan, certain points must be specified, including:
- the hours concerned by the substitution (all hours or only part of it);
- the mandatory (imposed by the employer) or optional (left to the free choice of the employee) nature of the replacement;
- the form of compensatory rest: reduced hours, additional days off;
- the procedures for choosing the dates on which the compensatory rest will be granted.