Solidarity Day 2022: what is Pentecost, mandatory?

Solidarity Day is an annual day set up since 2004, just after the 2003 heat wave that killed nearly 20,000 people. It consists of an extra day’s work (which can possibly be split into hours depending on the case). Concretely, part of the income from this day is intended to finance actions in favor of the elderly and disabledin particular the prevention of risks linked to a new heat wave. Pentecost Monday is suggested to be Solidarity Day. But companies can decide to set the Solidarity Day on another day of the year, subject however to certain conditions. Understand everything.

What is Solidarity Day?

Solidarity Day was established by the law of 30 June 2004under the action of government of Jean-Pierre Raffarin. This day helps fund actions in favor of the autonomy of the elderly or people with disabilities. In concrete terms, it consists, for the employees, in an extra day of unpaid work (in principle). For employers, it means a contribution made to them (contribution solidarity autonomy or CSA).

What does the Labor Code say for Solidarity Day?

In France, Solidarity Day is fixed in the law of the Labor Code (law of June 30, 2004). With regard to the rules applicable to the Solidarity Day, a distinction should be made between:

• Areas of public order: the legislator sets rules from which it is not possible to derogate,
• Private areas: the rules may be set by company agreement or collective agreement or, failing that, a branch agreement or agreement.

So-called “supplementary” provisions are provided for and apply in the absence of a convention or collective agreement setting these rules, we can read on the Ministry of Labor website.

What is the date of Solidarity Day in 2022?

In the absence of an agreement or agreement concluded, the Solidarity Day is normally scheduled Whit Mondayis Monday, June 6, 2022. If Whit Monday is chosen as Solidarity Day, the employer pays a autonomy solidarity contribution (THAT’S IT), up to 0.3% of the company’s payroll. The date of the Solidarity Day, whether it results from a collective agreement or a decision by the employer, may be different for each employee business, when it works continuously or is open every day of the year.

The Solidarity Day is compulsory for all employees over the age of 18 covered by the labor code

Is the Solidarity Day compulsory?

Yes. Solidarity Day is mandatory for all employees over the age of 18 under the labor code (and those under the rural code), whether they are full-time or part-time, executives or not, permanent or fixed-term, temporary or seasonal. An employee who refuses to perform the solidarity day would be liable to disciplinary sanctions and payroll deduction (Court of Cassation, April 7, 2010, No. 08-40658). Trainees, who are not employees, are not concerned. With regard to employees under the age of 18, the special provisions governing the work of minors should be taken into account. Thus, if the solidarity day is fixed on a public holiday, it does not concern young workers, since, with rare exceptions, the work of employees under the age of 18 is prohibited during holidays. If a collective agreement sets a non-public holiday as a day of solidarity, it is up to the social partners to decide on the conditions under which these young employees will perform this day. The self-employed non-salaried workers are not affected by the Solidarity Day.

► Each employee is only required to perform one Solidarity Day during the same year. Thus, in the event of a change of employer during the year, an employee who has already completed his solidarity day with a previous employer is not required to complete a second Solidarity Day.

The methods of the Solidarity Day are different for employees in the private sector and the public sector. For full-time and monthly salaried employees, the work performed within the limit of 7 hoursduring this day, is not not paid. Concretely, either they lose a day of rest or RTT, or they work 7 unpaid overtime hours. This extra day of unpaid work can be:

• a working day on Whit Monday or another public holiday previously not worked (other than May 1)
• the removal of a day of RTT
• any other modality allowing the work of 7 hours previously not worked, (except deletion of one day of annual leave). For part-time employees, the limit of 7 hours is reduced in proportion to the duration of work provided for in their employment contract (for example, for a part-time employee, the limit will be set at 3.5 hours).

The procedures for carrying out the Solidarity Day in the private sector are set by convention or company (or establishment) agreement or by branch agreement. For full-time and monthly salaried employees, the work performed within the limit of 7 hoursduring this day, is not not paid. Concretely, either they lose a day of rest or RTT, or they work 7 unpaid overtime hours. This day additional unpaid work over the year can be :

• is during a public holiday which was previously a holiday other than May 1 (such as Whit Monday)
• either during a RTT day
• either according to any other modality allowing the work of 7 hours previously not worked (like working on a Saturday, for example). For part-time employees, the limit of 7 hours is reduced in proportion to the duration of work provided for in their employment contract (for example, for a part-time employee, the limit will be set at 3.5 hours).

Sources: Government site / Ministry of Labour, Full Employment and Integration / Law No. 2004-626 of June 30, 2004 relating to solidarity for the autonomy of the elderly and disabled people (Legifrance) / Public Service. Fr