Guaranteed Remuneration FAQ

1. What does the remuneration guarantee cover for RATP employees?

The regulations (LOM law and its implementing decrees) require the "maintenance of the remuneration of the employee whose employment contract is transferred", from the 1st day of the transfer.

In concrete terms, these texts provide that the level of guaranteed remuneration, for an equivalent working period, is calculated from the last 12 months before the date of the transfer, net of employee contributions and excluding exceptional items.

Following the work carried out with RATP, Île-de-France Mobilités has decided to specify the components of the remuneration to be included in the calculations of the remuneration guarantee by the candidates for the takeover of the lots.

By way of illustration, here is a non-exhaustive list of elements considered non-exceptional in the context of this work, and must therefore be taken into account in the guarantee of remuneration of employees:

Thirteenth month
Hardship qualification bonus
Employment bonus
Responsibility bonus
Function bonus
Two-instalment service bonus
Allowances for night and late and early work
Sunday and public holiday bonus
Basket bonus
Family salary supplement paid monthly (agreement in principle but implementation arrangements still under consideration)

Conversely, here is a non-exhaustive list of elements that will be excluded from the calculation of the remuneration guarantee:

Overtime
Family salary supplement paid on the birth of a child
Profit sharing
Integrated course bonus
Geographic Travel Allowance
Overtime (see below)
Bonuses related to exceptional events

The methods for calculating the remuneration guarantee are common to all public service delegations, regardless of the delegate chosen. As a reminder, the remuneration guarantee is an amount calculated for each employee transferred according to his or her individual remuneration.

2. How does this guarantee apply in concrete terms?

In the event that the annual remuneration, for an equivalent working time, provided for by the delegate is less than that of the last twelve months preceding the transfer, the latter will have to pay a "differential indemnity" each month. Decree No. 2021-1027 of 30 July 2021 provides that "this allowance is paid monthly and corresponds to 75% of one-twelfth of its estimated annual amount and an adjustment occurs at the end of each year".

Île-de-France Mobilités is currently studying possible additional recommendations on the regularisation procedures, in order to strengthen the predictable, comprehensible and smooth nature of the system put in place.

3. Why is overtime (OT) not included in the remuneration guarantee?

Remuneration is guaranteed for an equivalent working time. However, overtime is linked to the RATP's own work organisation.

Following discussions between RATP and Île-de-France Mobilités, it appears thatthe overtime mechanism and its associated remuneration must be considered exceptional, and are therefore not intended to be taken into account in the legal remuneration guarantee.

Île-de-France Mobilités has however decided, in the context of the calls for tenders, to ask the candidates to include the payment of the TS in addition to the differential allowance, for a period until the substitution agreement. In addition, Île-de-France Mobilités asks candidates to explain their choice as to the sustainability of the overtime system in the substitution agreement they are considering. Finally, particular attention will be paid to the insurance population.

4. What are the roles of RATP, the concession holders and Île-de-France Mobilités?

During the preparatory work with Île-de-France Mobilités, RATP made known and detailed, in an anonymous manner, all the elements of its employees' remuneration. RATP must continue to transmit all relevant information to Île-de-France Mobilités for future delegates until the date of the transfer.

It is the delegates who will be responsible for determining the amount of the remuneration guarantee, calculating and then paying the differential indemnity, in accordance with the regulations and in accordance with the additional requirements set by Île-de-France Mobilités.

The application of the correct remuneration guarantee will therefore be the responsibility of the delegate, based on the data sent to it by RATP EPIC as the transferor.

Île-de-France Mobilités will be vigilant to ensure the good cooperation of all parties, both upstream and downstream of the payroll from the first months to the end of the first year's financial year.

5. How can I be sure that the calculation of the remuneration guarantee will be applied?

Île-de-France Mobilités will carry out, as soon as the first payslips are drawn up, audits on the proper application by the delegates of the employee remuneration guarantee. It is worth remembering that Île-de-France Mobilités and the candidate operators rely on the experience acquired in the middle and outer suburbs (the so-called Optile area) through the transitions that have involved some thirty public service delegation contracts.

In the event of a manifest calculation error, Île-de-France Mobilités provides for sanctions to the delegate for non-compliance with its contractual commitments.

6. Will the service card be maintained for transferred employees?

Île-de-France Mobilités is studying the possibility of offering operators the implementation of a Navigo pass for all zones (the entire metro, bus, tram network in the Ile-de-France region) as a service card.

7. What will be the guarantee of remuneration during the 2nd public service delegation contract?

The provisions indicated by the LOM concern the guarantee of remuneration over the duration of the first public service delegation contract. For the following contract, the applicable framework will be that provided for in Article L. 2261-14 of the French Labor Code, in the event of the transfer of an autonomous legal entity.

At this stage, Île-de-France Mobilités can only affirm its commitment to maintaining the remuneration of employees for equal working hours in the sector.