Until now, the progressive retirement mechanism from the age of 60 was only accessible to employees whose working time is calculated in hours. From now on, those who are on a day pass can also benefit from it thanks to the publication of a decree in the Official Journal this Wednesday, April 27.
A decree published in Official newspaper Wednesday April 27 extended the progressive retirement from the age of 60, if one justifies at least 37 and a half years of annuities, to the wages in fixed day, report things. Initially scheduled for January 1 in application of the Social Security financing law for 2022, this decree will ultimately have been waited longer.
A decision of the Constitutional Council
Before the publication of this text, only employees whose working time is calculated in hours could benefit from this mechanism. The latter makes it possible to reduce their working time between 40 and 80% of full time by receiving the part of their pension corresponding to the time not worked while continuing to acquire pension rights. This progressive retirement system was extended following a decision by the Constitutional Council on February 26, 2021 in response to a priority question of constitutionality.
A delay of several months
Originally, the Court of Cassation had considered that executives and independent employees who did not count their hours but their working days could only benefit from phased retirement if they worked 218 days a year.
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But the Constitutional Council considered that these 218 days constitute not the duration of full-time work but the maximum number of days that can be worked in the year and that if these employees are excluded from the device for this reason, the contested provisions establish a difference in treatment which is unrelated to the purpose of the law. The Elders had then ordered the modification of this mechanism no later than January 1, 2022, which was done with a little delay.