This is one of the boost measures for the portfolio of the French, vote this summer in the context of the so-called purchasing power laws: you can exceptionally give up RTTs that you do not wish to ask, in order to convert them into euros knocking and stumbling. Who can benefit from it? When? With what tax? And who decides, employee or employer? The point in 5 questions.
Do you have many rest days in stock that you don’t want to take? The principle is simple: your employer can buy you back up to 7500 euros of RTT days not takenprovided that these days of RTT have t acquired since January 1, 2022. This possibility, derogating from the usual regulations, concerns rest days acquired from 2022 2025 included. But this principle obviously hides several subtleties…
1 – What salaries? In which companies?
All private sector employees. Not the public, because civil servants and more than 5 million civil service employees already have CET systems [compte pargne-temps] and therefore possibilities of monetization, reminded AFP this summer of the cabinet of the Minister of Labor Olivier Dussopt. The same minister specifies in his Frequently Asked Questions publishes at the end of October that all companies in the private sector are concerned by the system, including the agricultural professions, regardless of the size of the company.
2 – Can you get paid for all your rest days?
Globally, all classic and acquired RTT days in 2022, as part of a working time reduction scheme taken pursuant to a company agreement or collective agreement, and other conventional rest days, can be bought back by the employer. Good news for part-time employees who have RTT: they too can claim the conversion of unused days into hard cash.
RTT, definition. The days of reduced working time, inherited from the Aubry laws, concern employees working more than 35 hours, by way of recovery of this time worked. Beyond 39 hours per week, the time worked must necessarily be paid in overtime. The number of RTT days is fixed in agreement with the company.
On the other hand, the fixed salary per day (which concerns many frames) are excluded of this takeover of RTT: for employees on an annual fixed price in days, there is already a specific mechanism for waiving days of rest not taken, explains the social service – HR of the cabinet Walter France. Also excluded from this amount are compensatory rest days which replace the payment of overtime. Just like the employees who have already deposited their days on their time savings account (THIS).
Time savings account: when and how do you get paid for your saved days?
How much will these days of RTT pay?
In terms of your salary, of course. And even a little better: The days or half-days worked and bought back by the employer (…) are increased by an amount at least equal to the mark-up rate of the 1st additional hour applicable in the company, details the Urssaf. Or an increase of 10% minimum, 25% in the absence of a collective agreement. In short: these rest days which you will give up while working will be paid at least 10% better than your traditional salary.
3 – Can your employer refuse?
Yes. It is the employee who must request this rise in RTT. But the employer is totally free to refuse. Your boss may also agree to buy back only part of the rest days for which you are requesting payment.
Namely: on the other hand, your boss does not have the right to force you to give up your days off by encouraging you to pay for them. The monisation is a choice of the employee, validated or not by the employer.
4 – Will you pay more taxes or social contributions on these RTT montiss days?
Simple version: the rest days paid in this way are exempt from employee contributions and income tax, up to a limit of 7,500 euros.
Accurate version: these days of RTT thus bought back by your employer benefit from the social and tax system for overtime. Clear: the limit of 7500 euros is a global limit, overtime + days of RTT montiss. The exemption from income tax for overtime has indeed been increased to 7,500 euros (compared to 5,000 euros previously) for income for the year 2022, declared in 2023. basic and supplementary old-age insurance, but they are still subject to the CSG and the CRDS, as recalled in the ICC.
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Does this tax mix of overtime and RTT redemption make you fear for your annual quota of overtime? Indeed, the regulations, conventions or collective company agreements provide for an annual limit of possible overtime. But this is a different accounting. Waiver of RTT days does not count towards your overtime quota… Even if the two are indeed in the same category on the tax level.
Namely: these additional resources will be declare to the taxman as overtime and will thus enter into the calculation of your reference tax income (RFR). A technical subtlety… but which can have concrete impacts (access to social assistance, moderate rent, etc.) by raising your RFR.
Taxes and overtime exempt: the perverse effect will not be removed
5 – How to request this RTT monisation? And are you limited in number of requests?
No formalism is imposed, specifies the Minister of Labor, and the number of requests is not limited. The employee can therefore materialize his request by any means, but the government still recommends establishing a harmonized process at company level. In the event of an inspection, the employer must be able to provide the documents formalizing the employee’s request as well as its acceptance (partial or total where applicable), we read in the Official Social Security Bulletin (BOSS).
In short: ask your employer if he has provided a specific RTT monisation request form. And you have the right to request a monisation several times a year.
Example: 5 days of Montiss RTT for an employee at minimum wage
Lisa is paid the Smic, at 35 hours, i.e. currently 1329.05 euros net monthly. His gross hourly wage is 11.07 euros, and the increase applicable in his company for overtime is the legal minimum, of 10%.
Lise asks her employer to give up 5 days of RTT in 2022, so 35 hours, in order to get paid and his boss accepts. For these days of rest that she renounces, she will touch 385.58 euros net: (11.07 + 10%) X 35h = 426.195, gross increase which must still be subtracted from CSG and CRDS (9.7%).
Both formulas remember:
- (Your gross hourly wage x 1.10) x bought back hours = gross monetization
- Gross amount – (Gross amount x 0.0953) = what the takeover of RTT will bring you, net
Explanation from Emmanuel Labrousse, director of the social-payroll service of Walter France: With regard to the CSG-CRDS [9,70%, NDLR]this must be calculated with a reduction of 1.75% on the base, including for the valuation of overtime, which explains the complexity of the second formula.
Schematic example. Sources: CCI & Walter France.