The case where the value-sharing bonus can NOT replace an increase
The law that introduced the value-sharing bonus (PPV), the new name of the Macron bonus, specifies that it “cannot replace any element of remuneration”.
“PPV cannot replace a salary increase provided for by a salary agreement, by the employment contract or by the practices in force in the company. It could be considered that there is use when there have been at least increment payments the previous three years “says Pierre-Yves Brochoire, head of the legal watch department at ADP. Concretely, if you have been increased in the last 3 years, the PPV can only be a plus.
You might be interested:
The case where the value-sharing bonus can replace an increase
On the other hand, if you have not had a raise in the last three yearsthat your employment contract does not provide for a regular raiseand that’no company wage agreement doesn’t set annual salary increases, then your employer can just pay you the PPV.
Why are employers interested in PPV vs salary increases?
Unions are obviously up against this type of substitution practice.
Indeed, the payment of a PPD is completely optional for an employer and above all not sustainable (contrary to an increase provided for by agreement or in practice).
In addition, a company may decide to modulate its amount according to 5 criteria:
- The level of remuneration
- Classification level
- Seniority in the company
- The length of effective presence in the company during the last 12 months
- The duration of work
These criteria can be combined with each other. In theory, some employees can therefore receive up to 6,000 euros and others 0.
“The official bulletin of the Social Security specifies all the same that extreme modulations cannot be applied, illustrates Pierre-Yves Brochoire. For example, a company that provided 2,500 euros in PPV for employees with at least 10 years of seniority in the house and 50 euros for others had to review its copy. »
