The month of December comes with a gift for workers: many of them will receive extra Christmas pay during these days leading up to the holidays, one of the two major bonuses that employees receive outside of their base salary.
Extra pay is not an acquired right or a business custom, it is a right fully recognized by the Workers’ Statute. , that of ‘Extraordinary Bonuses’, the legal text states that “the worker is entitled to two extraordinary bonuses per year, one of them on the occasion of the Christmas holidays”.
As always, this is a legal basis on which new payment structures for these extraordinary bonuses can be built. In fact, the Workers’ Statute recognizes the right to have the other extra pay set “by collective agreement or by agreement between the employer and the legal representatives of the workers.” The same happens with the number of extra payments, they can be higher than two, but as long as it is included in a collective agreement or in the worker’s contract.
How are these extra payments paid? As a general rule, they are paid as if it were an additional salary, although on a different date, but the Workers’ Statute once again contemplates the possibility of collective agreements agreeing that the amount of these payments can be prorated over the years. 12 months.
Thus, if the company pays the extra payments without prorating, the Christmas payment could arrive between December 15 and 25. The date depends on each company and there is no day regulated by the regulations, simply that concept of “Christmas parties” under which they can be paid within a specific range of days.
On the contrary, if this Christmas pay is prorated, the worker will not receive any extra amount for these holidays, they will simply have a slightly higher salary every month, because the amounts of the payments divided proportionally per month will be included.
The amount of the extra pay, in accordance with the provisions of the Workers’ Statute, will be set through the provisions of a collective agreement. However, in a full-time job it cannot be less than the base salary of 30 days or the Professional Minimum Wage (SMI), it is 965 euros per month in 14 payments and 1,125.83 euros per month in 12 payments.
To collect the extra pay in its entirety, the worker must have worked the previous six months (in cases where there are two extra payments): otherwise, he will only receive the proportional part that he has worked in the company until that date of payment. collection of the extraordinary gratuity.
Thus, if a worker has started working in the company in September, they will be entitled to approximately half of the extra pay, since they will only receive half of the monthly payments from the receipt of the summer pay. It is simply an approximation (the number of specific days worked should be consulted in detail) to find out how these extra payments are accessed.
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