Special Information on Paid Leave Benefits

09
Déc

« Pay whilst you’re on vacation – updates» 

On December 6, 2019, Management sent this message to Sophia’s employees « Pay whilst you’re on vacation  – updates »  Version web , Pdf

France, there is a specific calculation made to pay you whilst you’re on vacation. Each time the paid vacation calculation is done, we maintain your base salary.

CFDT comments:

Once a year, in June, we ensure that throughout your vacation period, you don’t earn less than the reference salary – that is your base salary, on-call / call-in and overtime for non-management (non-cadres).
This calculation has been applied by Amadeus and unchanged for the last 30 years, according to the relevant French legal obligations.

CFDT comments : Amadeus should do this catch-up, but it is not done or it is done wrongly, that’s why we won in cassation.

However, it was questioned by a group of employees back in 2012, which led to a long and drawn-out legal case brought against Amadeus.

CFDT comments: This group of employees won; the Labor Judges, the judges of the Court of Appeal and the judges of cassation found that Amadeus did not apply the law in the calculation of the allowances of paid holidays and they condemned Amadeus to correct his method of calculation.
– Judgment of the Labor Court of 29 April 2015.
– Judgment of Appeal of April 27, 2017.

Amadeus appealed in cassation and lost by Judgment of 18 September 2019.

Discussions took place after the recent ruling, and hereafter is the outcome agreed upon for the benefit of all:

CFDT comments: Indeed the CFDT having won the lawsuits the Management wished to negotiate, with us, the application for all the employees, against the stop of the procedures in progress. We have acquired :
– All those who have appealed earn the amount of the requests,
– The application in 2019 for all employees and 1 day of RTT.

The calculation will remain the same including the base salary, on call/call-in and overtime for non-management (non-cadres)

CFDT comments: No, the calculation will change in favor of the employee.

The calculation will now be based on 25 days instead of 30 days (as you know, we have 30 days of paid vacation in Amadeus VS the legal 25 days)

CFDT comments: This is exactly the opposite the calculation will now be based on 30 days (plus days of seniority) instead of 25 days.

We know it’s a complex administrative topic but we need to explain it, as it will lead to some changes for the current year of 2019. Indeed, for the vacation year 2019, the calculation will be rerun according to this new rule and any extra amounts will be paid (if needed) in December 2019.

CFDT comments: for 2019.
Because this calculation is not only for the year 2019, it must henceforth apply.

As a final step in this long process, we’re happy to announce that the two half days of December 24 and 31 afternoon usually taken out of your RTT days account will not be deducted this year.

CFDT comments:

CONCLUSIONS: Currently the Company bases its calculation on the basic salary alone.

Explanations on the legal calculation, which the Company is condemned to apply:

Statutory paid vacation pay is 10% of the amount of the total remuneration for the previous year, including:
– The basic salary,
– Work-related bonuses and work objectives,
– On call/ call-in,
– Extra time,paid vacation pay,
– Holiday bonuses.
This for 25 days of paid leave.

In the Company we have 30 days plus seniority days (maximum 6).
This 10% is therefore prorated on the actual number of paid holidays by making Amount / 25 x NB paid leave total.

Below, the simplest way to calculate (the actual calculation is more complicated).

The recall is done once a year in June, the year before, from June 1st to May 31st.

WE WILL CHECK in June 2020:
– CALCULATIONS FACTS and if these calculations are still false, we will mount a new group of employees to go to the labor courts.
– THE DAY OF RTT CREDIT