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3.1ÌýÌýÌýÌý Remuneration

The law does not provide an explicit definition of remuneration.

Jurisprudence affirms that it consists of everything the employee receives from the employer in exchange for his services and because of his personal subjection (see 1.1) in the relationship (Cass SU 13/2/1984, No 1069).

The following principles are derived from this notion:

1. Ìý

   •ÌýÌýÌýÌý Correspondence

2. Ìý

   The employer pays the employee in exchange for his actual performance. This principle is derogated from, in certain strictly provided cases of absences from work such as: illness, vacations, maternity, accidents at work, holidays, marriage leave and leaves.

3. Ìý

   •ÌýÌýÌýÌý Mandatory

4. Ìý

   Only the sums that the employer is obliged to pay on the basis of the employment contract constitute remuneration and not those paid by way of gratuity.

5. Ìý

   •ÌýÌýÌýÌý Continuity

6. Ìý

   Only those elements that are paid with a certain frequency and continuity fall within the concept of remuneration.

These principles cannot be waived either by collective agreement (see 9.3) or by the parties.

The NIPS provides clarifications on the one-off