Discreationary Reductions In Overtime Pay Claims

In employment disputes, the application of discretionary reductions (equitable reductions) in calculating claims for overtime pay, weekly rest day pay, and national holidays and public holidays has become an established judicial practice. Applying such a reduction falls directly within the judge’s duties and powers.

The main rationale for this reduction is that an employee’s working continuously at the same pace over a prolonged period, without interruptions due to illness, personal circumstances or leave, would be contrary to the ordinary course of life. Indeed, in one of its decisions, the 9th Civil Chamber of the Court of Cassation¹ stated that, where overtime pay, weekly rest day pay and public holiday pay are calculated based on witness testimony, it is unrealistic to assume that an employee worked at the same intensity every day over a prolonged period. The Chamber noted that days on which the employee could not work due to illness, personal circumstances or leave are