SYNTEC: the compensation of interventions during on-call duty maintained in case of sick leave

Article 43 of the Syntec Collective Bargaining Agreement provides that in case of sick leave, the employer must pay a sum which completes the benefits of the Social Security and occupational insurance schemes, up to what the employee would have received if he had been working. This excludes bonuses and extra ordinary gratifications.

In the case at hand, the employee was carrying out various tasks during his on-call duty and was receiving variable compensations each month.

The French Supreme Court ruled that the continuation of remuneration in case of sick leave must take into account the average compensation received monthly during the 12 months of on-call duty which preceded the leave.

This solution is transposable to other Collective Bargaining Agreements (Metallurgy, Bank, Financial Corporations, Service Providers, Road Transport, Chemistry, etc…)

(French Supreme Court, 11 May 2017, # 15-23.649)