The Draft bill no. 8266 seeks to clarify the situation where two statutory public holidays fall on the same day. This situation is set to occur in 2024 when Ascension Day and Europe Day both fall on 9 May.
The draft bill brings the following changes to the payment and compensation to which the employee is entitled depending on whether or not he worked on a day that falls on a statutory public holiday:
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Situations |
Payment and compensation for employees
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Two statutory public holidays fall on a working day on which the employee would have worked
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Payment of the number of hours the employee would normally have worked on this day at the regular hourly rate + One day's leave in lieu for the 2nd statutory public holiday which must be awarded within a 3-month period counting from the day after the statutory public holiday(s) in question
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Two statutory public holidays fall on a working day on which the employee was not working anyway
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One day's leave in lieu which must be awarded within a 3-month period counting from the day after the public holiday in question + One day's leave in lieu for the 2nd statutory public holiday which must be awarded within a 3-month period counting from the day after the public holiday in question
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Two statutory public holidays fall on a working day on which the employee would have worked only 4 hours or less
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Payment of the number of hours the employee would normally have worked on this day + Half a day’s leave in lieu which must be awarded within a 3-month period counting from the day after the public holiday in question + Half a day’s leave in lieu for the 2nd statutory public holiday which must be awarded within a 3-month period counting from the day after the public holiday in question
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To For employees required to work on statutory public holidays, where two statutory public holidays fall on the same day
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Payment of the number of hours the employee would normally have worked on this day at the regular hourly rate + Payment of the hours actually worked on this day at the regular hourly rate + 100% increase of the regular hourly rate of the hours actually worked on this day + A day's leave in lieu for the 2nd statutory public holiday which must be awarded within a 3-month period counting from the day after the public holiday in question
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With the draft bill currently still being treated in the committee of the Chamber of Deputies, the legislative process is expected to take its course.
