Date, what is it for, compulsory?

Monday from Pentecost is a holiday in France but also the Solidarity day For the elderly. Thus, for the French employees, this day takes the form of a additional unpaid work day over the year. Who has created The day of solidarity? When ? What is it for ? How is it in the Public service? The private ? Understand everything.

Definition: What is the day of solidarity for?

There Solidarity day is a Solidarity day for the autonomy of the elderly and disabled people. Concretely for French employees, it takes the form of a Undayed additional work day over the year. Employees can to work during a holiday (like the Pentecost Monday But companies can decide to fix the day of solidarity to another day of the year) or during a RTT day. In fact, a majority of employees pose a leave (paid leave or RTT) for this day of solidarity and do not work on Monday of Pentecost. Part of the income of this day is intended to finance actions in favor of the autonomy of the elderly or disabledlike the prevention of risks linked to a new heat wave.

When does the solidarity day fall in 2025?

In the absence of an agreement or agree, the day of solidarity is normally planned Pentecost Mondayeither Monday, June 9, 2025. If Pentecost Monday is chosen as a day of solidarity, the employer pays a Autonomy solidarity contribution (CSA), up to 0.3 % of the company’s wage bill. But the date of the day of solidarity, whether it follows from a collective agreement or a decision of the employer, can be different for each employee of the company, when it works continuously or is open every day of the year.

Creation of the Solidarity Day: by whom and since when?

Solidarity Day was established in France by the law of June 30, 2004, under the chairmanship of Jacques Chirac and government of Jean-Pierre Raffarin. She was decided just After the heat wave of 2003 who led the death of nearly 20,000 French people.

What does the labor code say for solidarity day?

In France, the day of solidarity is fixed in the law of the labor code (Law of June 30, 2004). Regarding the rules applicable to the day of solidarity, it is necessary to distinguish:

• Domains under public order: the legislator fixes rules to which it is not possible to derogate,
• Domains under the private order: The rules may be set by business collective agreement or agreement or, failing that, an agreement or a branch agreement.

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

The day of solidarity is compulsory for all employees over the age of 18 under the Labor Code

Is solidarity day compulsory?

Yes. The day of solidarity is compulsory For all employees over 18 falling under the labor code (and those relating to the rural code), whether they are Full -time as part -time, executives or not, on permanent contracts as in fixed -term contracts, temporary or seasonal workers. An employee who refuses to carry out the day of solidarity would be liable to Disciplinary sanctions and a deduction from salary (Court of Cassation, April 7, 2010, n ° 08-40658). Trainees, who are not employees, are not affected. Regarding employees under the age of 18, it is necessary to take into account the specific provisions governing the work of minors. Thus, if the day of solidarity is set for 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 public holidays. If a collective agreement fixes a non -public day as a day of solidarity, it is up to the social partners to rule on the conditions under which these young employees will carry out this day. THE self -employed workers are not affected by the day of solidarity.

► Each employee is only required to make one day of solidarity during the same year. Thus, in the event of a change of employer during the year, the employee who has already completed his solidarity day with a previous employer is not required to make a second day of solidarity. A certificate of a day of solidarity Can be asked when an employee leaves his company. This is a document that indicates the date on which the employee worked under national solidarity in the year.

Can we put a paid leave for the day of solidarity?

Pentecost Monday is not necessarily worked if it is chosen as a day of solidarity. Indeed, if Pentecost Monday is chosen as a day of solidarity, there are two possibilities:

• Pentecost Monday is work (unless we put a RTT or a day of leave)
• Pentecost Monday is not worked because A day of RTT was deducted from the counter of each employee, following a company agreement.

The methods of the solidarity day are different for employees in the private and public sector. For full -time and monthly employees, the work accomplished 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 hours unpaid. This additional day of unpaid work can be:

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

The methods of completing the day of solidarity in the private sector are fixed by agreement or company agreement (or establishment) or by branch agreement. For full -time and monthly employees, the work accomplished 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 hours unpaid. This day additional unpaid work over the year can be ::

• either during a holiday which was previously unemployed other than May 1 (like Pentecost 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 7-hour limit is reduced in proportion to the working hours provided by their employment contract (for example, for a half-time employee, the limit will be set at 3.5 hours).

Whether this evening in the public or private service, for part -time employees, the limit of 7 hours is reduced in proportion to the working time provided for by their employment contract. So for example, for a part-time employee, The limit will be set at 3.5 hours (7 hours divided by 2). The hours worked beyond this limit of 7 hours (or the proratized limit for part-time employees) will, however, be normally remunerated.

Should an intern have his solidarity day?

No. A trainee is not an employee of the company, he is therefore not affected by the day of solidarity. Nevertheless, the only condition in which a trainee can be held, to work on Pentecost Monday is if his internship agreement expressly provides for this.

Who is exempt from the day of solidarity?

• Employees who have already made a day of solidarity in the year (in the event of a job change during the year for example)
• Trainees not subject to the common labor code
• Alternant and apprentices under the age of 18
• Those under 18
• Employees who would be on paid leave, sick leave or maternity the day set in the company for the day of solidarity: this day is not postponed.

Sources: Government site / Ministry of Labor, Full Employment and Integration / Law No. 2004-626 of June 30, 2004 relating to solidarity for the autonomy of the elderly and people with disabilities (legifrance) / Service-Public.fr