Since 2019, companies have been allowed, under certain conditions, to exceptionally pay a bonus to their employees to help face the decrease in purchasing power: the so-called “PEPA” (i.e.: exceptional bonus for purchasing power), also known as the MACRON bonus. This bonus was exceptionally renewed in 2020 and 2021, with small changes and was subject to a more favorable tax and social regime.
The law of August 16th, 2022, on emergency measures to protect purchasing power, renames this bonus as the “Value-Sharing Bonus” and makes it permanent. Although this bonus is very similar to its previous version, it’s financial attractivity for employees will diminish over time as certain exemptions of taxes and social contributions attached to it are only temporary.
Main characteristics:
- It has become a permanent measure,
- It can attain €3,000 per employee, or €6,000 if there is already a profit-sharing agreement in place in the Company.
Beneficiaries:
- Employees on permanent or fixed-term contracts, full-time or part-time,
- Holders of an apprenticeship contract or a professional training contract,
- Temporary workers: If the bonus is paid to employees of the user company, temporary workers are also entitled to it.
Implementation:
- The bonus can be implemented according to one of the procedures provided for the profit-sharing agreements (such as, notably, a collective agreement, an agreement concluded with the union representatives, or an agreement concluded with the Social and Economic Council (CSE),
- It can also be implemented by a unilateral decision of the employer (i.e.: “DUE”): in this case, the employer should first consult the CSE (if there is one).
Eligibility and modulation:
- The employees eligible to that bonus are the ones holding an employment contract on the payment date of the bonus, on the publication date of the collective agreement or on the date of signature of the unilateral decision implementing the bonus,
- The employer may decide that the amount of the bonus will vary depending on:
- the effective presence of the employee during the reference period of the bonus or his/her working time,
- the remuneration,
- the classification,
- the seniority.
Payment terms:
- This bonus can be paid every year, but is not mandatory
- The bonus for 2022 can be paid as of July 1st, 2022,
- The payment in several instalments is possible (up to 4 instalments per year, once per quarter), but it is not possible to pay it monthly.
Tax and social regime:
- The bonus is entirely exempt from social security contributions, regardless of the level of remuneration of the employees, up to €3,000 or €6,000,
- it is also exempt from income tax and CSG CRDS tax, for employees receiving a remuneration of less than 3 times the minimum statutory salary (i.e.: “SMIC”) but this exemption will only be effective until December 31st, 2023,
- This bonus is subject to the specific 20% employer “forfait social” contribution in companies with more than 250 employees.
Should you have any questions, or should you need assistance in this matter, please do not hesitate to contact us.