July 14, 2021

The 2021 / 2022 exceptional purchasing power bonus is approved

The1st Amending Finance Act for 2021, which sets out the new conditions for payment of the "Macron bonus", was passed on July 12, 2021.

The major changes from last year are as follows:

  • Bonus exempt from contributions and tax-free up to €2,000 for companies with fewer than 50 employees;
  • Removal of the criterion for modulating bonuses due to working conditions during the Covid-19 epidemic.

Find out more about the terms and conditions of the 2021/2022 Macron Bonus:

SETTING UP
The bonus can be set up at the employer's discretion:

  • By company or group agreement
  • By Unilateral Employer Decision (DUE)
PAYMENT PERIOD
To be exempt, the bonus must be paid between June1, 2021 and March 31, 2022.
EMPLOYEE BENEFICIARIES
The agreement or DUE specifies the beneficiaries of the tax-free Macron bonus:

  • The employee's remuneration over the 12 months preceding payment of the bonus must not exceed a ceiling determined by the agreement or DUE. The law sets a ceiling of 3 times the annual SMIC for the 12 months preceding payment of the bonus, but the agreement or DUE may set a lower ceiling.
  • Have an employment contract with the company :
    - either on the date of payment of the bonus
    - or on the date of filing of the agreement or signature of the DUE introducing the bonus.
PREMIUM AMOUNT
The employer is free to set the amount of the bonus in the agreement or DUE, but it will only be exempt up to a limit of €1,000 or €2,000, depending on the case.
AUTHORIZED MODULATION CRITERIA
The amount of the bonus may be the same for all employees, or it may be adjusted according to certain criteria laid down by law:

  • Remuneration (the purpose of the bonus is to encourage lower salaries)
  • Classification
  • Contractual working hours in the case of part-time work
  • The number of hours actually worked during the year

(Please note: some absences are treated as actual working time, such as maternity/paternity leave, parental leave, leave for sick children, exceptional leave, etc).

These modulation criteria must not result in an employee being excluded from the bonus.
PRINCIPLE OF NON-SUBSTITUTION FOR SALARY
The bonus is not a substitute for :

  • Any element of remuneration paid by the employer or which would become compulsory by virtue of legal, contractual or customary rules;
  • Any increase in pay or bonuses provided for in a wage agreement, employment contract or company practice.
EXEMPTIONS - GENERAL CASE
The bonus is exempt from income tax and social security contributions (including CSG/CRDS), up to a maximum of €1,000.
EXEMPTIONS - SPECIAL CASES
The exemption is increased to €2,000 if you meet one of the following conditions:
Headcount requirements
  • Companies with fewer than 50 employees
Condition of profit-sharing agreement
  • Or for companies implementing a profit-sharing agreement on the date of payment of the bonus
  • For companies that have signed a profit-sharing agreement before the bonus payment date, taking effect before March 31, 2022.
Condition of agreement or negotiation to enhance the value of2nd line workers
  • Or the employer is covered by a company or branch agreement to promote2nd line workers.
  • Or the employer is covered by a company or branch agreement that includes a commitment to open negotiations on the promotion of "2nd line workers".
  • Either the employer has entered into company negotiations with a view to concluding a collective agreement to enhance the status of "2nd line workers", or belongs to an industry that has entered into such negotiations.
Associations and foundations
  • Associations and foundations recognized as being of public utility or general interest, as well as charitable cultural associations
SPECIAL CASE OF TEMPORARY WORKERS
If the head of the user company implements the Macron bonus, the temporary worker must benefit from it, provided that he or she is present:

  • Or on the bonus payment date ;
  • Either on the date the DUE is signed or the agreement filed.

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