Periodic penalty payment in the civil service
Verified 10 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A periodic penalty payment is a period during which, without being at your place of work, you must be able to intervene if your employer's administration so requests. You have to stay at home or close by to be able to intervene and do work for your employer's administration. We present you the information to know according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH).
The periodic penalty payment is not a period of actual work.
However, if you perform an intervention during your stand-by duty period, the duration of the intervention and the time spent traveling to the place of that intervention shall be considered as actual working time.
EPF
The cases in which your employer's administration may use periodic penalty payments are laid down by ministerial orders after consulting the ministerial administrative social committees.
The list of posts concerned and the conditions for the organization of periodic penalty payments shall be determined after consulting the administrative social committees.
A period of stand-by duty shall give rise to the payment of compensation or to one compensating restunder conditions laid down by decree.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions.
FPT
The cases in which your employer's administration may impose periodic penalty payments, the conditions of their organization and the posts concerned shall be determined by deliberation after consulting the Territorial Social Committee.
Technical staff
Periods of stand-by duty and interventions shall give rise to the payment of compensation or to one compensating rest.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions.
As technical staff, depending on your job, you may be called upon to 3 types of periodic penalty payments:
- Periodic penalty paymentexploitation corresponding to activities for the prevention or repair of accidents on transport infrastructure and public facilities and to activities for the monitoring or sustainability of transport infrastructure
- Periodic penalty payment of decision if you are a manager
- Periodic penalty payment of safety which can be paid for any activity and regardless of your category.
Only interventions during a stand-by duty period may give rise to compensatory rest or compensation.
The period of stand-by duty itself may give rise only to compensation.
Compensating Rest
Where compensation is not paid, interventions carried out during a stand-by period shall give rise to compensatory rest under the following conditions:
Time of intervention | Compensatory rest period |
|---|---|
Hours worked on Saturday or on a day of rest imposed by the collective organization of work | Number of hours of actual work plus 25% |
Hours worked at night | Number of hours of actual work plus 50% |
Hours worked on Sundays or public holidays | Number of hours of actual work plus 100% |
The days and hours of compensatory rest shall be determined by your service manager, taking into account your request and the operational requirements.
You must take your compensating rest within 6 months which follow the completion of the overtime work for which you are entitled.
Compensation
Periods of stand-by duty
A stand-by duty period shall give rise to compensation under the following conditions:
Type of periodic penalty payment | Periods of stand-by duty | Amount of compensation |
|---|---|---|
Operating penalty payment | Full week | €159.20 |
Night | €10.75 (or €8.60 if fractional periodic penalty payment is less than 10 hours) | |
Saturday or day of recovery | €37.40 | |
Sunday or public holiday | €46.55 | |
Weekend (Friday evening to Monday morning) | €116.20 | |
Decision penalty payment | Full week | €121 |
Night | €10 | |
Saturday or day of recovery | €25 | |
Sunday or public holiday | €34.85 | |
Weekend (Friday evening to Monday morning) | €76 | |
Security penalty | Full week | €149.48 |
Night | €10.05 (or €8.08 if fractional periodic penalty payment is less than 10 hours) | |
Saturday or day of recovery | €34.85 | |
Sunday or public holiday | €43.38 | |
Weekend (Friday evening to Monday morning) | €109.28 |
The security or operating penalty imposed less than 15 free days in advance shall be increased by 50%.
Intervention
In the event of intervention during the stand-by duty (irrespective of the type of stand-by duty), you shall be entitled, in the absence of compensatory rest, to a additional allowance under the following conditions:
Intervention period | Amount of compensation |
|---|---|
Weekday | €16 per hour |
Night, Saturday, Sunday or public holiday | €22 per hour |
Non-technical staff
Periods of stand-by duty and interventions shall give rise to the payment of compensation or to one compensating rest.
However, you are not entitled to compensation or compensatory rest if you are in one of the following situations:
- You have a function housing
- You can take advantage of hourly allowances for additional work (IHTS)
- You get a new index enhancement (NBI) for the exercise of senior management functions.
The duration of the compensatory rest and the amount of the allowance shall be as follows:
Compensating Rest
Periods of stand-by duty
If not compensated, a stand-by duty period shall give rise to compensatory rest under the following conditions:
Periods of stand-by duty | Compensatory rest period |
|---|---|
Full week | 1 and a half days |
Friday evening to Monday morning | 1 day |
Monday morning to Friday evening | Half a day |
Saturday, Sunday or public holiday | Half a day |
Night during the week | 2 hours |
Where the periodic penalty payment is imposed less than 15 days in advance, the hourly compensation shall be increased by 50%.
Intervention
In the event of intervention during the stand-by duty, you shall be granted additional compensatory rest under the following conditions:
Time of intervention | Compensatory rest period |
|---|---|
Hours worked on weekdays or Saturdays | Number of hours of actual work plus 10% |
Hours worked at night, on a Sunday or on a public holiday | Number of hours of actual work plus 25% |
Compensation
Periods of stand-by duty
If it does not give rise to compensatory rest, a period of stand-by duty shall give rise to compensation under the following conditions:
Periods of stand-by duty | Amount of compensation |
|---|---|
Full week | €149.48 |
Friday evening to Monday morning | €109.28 |
Monday morning to Friday evening | €45 |
Saturday | €34.85 |
Sunday or public holiday | €43.38 |
Weeknight | €10.05 |
Where the periodic penalty payment is imposed less than 15 days in advance, the allowance shall be increased by 50%.
Periods of stand-by duty
In the event of intervention during the periodic penalty payment, you shall receive additional compensation under the following conditions:
Intervention period | Amount of compensation |
|---|---|
Weekday | €16 per hour |
Saturday | €20 per hour |
Night | €24 per hour |
Sunday or public holiday | €32 per hour |
FPH
The head of establishment shall, after obtaining the opinion of the social committee for establishment, draw up a list of the activities, services and categories of staff concerned by periodic penalty payments and their organizational conditions.
Periodic penalty payments shall be organized on appeal priority is given to voluntary staff.
The same staff member may be on call for a maximum of 1 Saturday, 1 Sunday and 1 public holiday per month.
The duration of the periodic penalty payment may not exceed 72 hours for 15 days (120 hours for organ harvesting and transplantation services).
A stand-by duty service may be common to several hospitals.
The stand-by duty period shall give rise to compensatory rest or the payment of compensation.
The general conditions for recourse to compensation or compensation shall be laid down by the head of establishment after consulting the technical committee for establishment.
Compensating rest
The compensating rest period shall be fixed a quarter of the duration on-call.
Thus, a 72-hour stand-by duty gives rise to a compensatory rest period of 18 hours.
Compensation
If it does not give rise to compensatory rest, a stand-by period gives rise to hourly allowances.
The hourly allowance is as follows:
[¼ x (annual gross salary + annual residence allowance)] / 1820.
The annual gross salary taken into account is your annual gross salary at the time of the periodic penalty payment.
Your annual gross salary is taken into account within the limit of the gross annual index salary of the index plus 539, i.e. €31,840.56.
Your annual residence allowance is taken into account up to :
- €318.41 if you are assigned to zone 2
- Or €955.22 if you are assigned to zone 1.
The amount of the hourly allowance may, exceptionally, be raised to the your annual gross salary and residency allowance, if continuity of service constraints are particularly high.
The sectors of activity and the categories of staff concerned are then determined by the head of establishment after consulting the Social Committee.