Introduction
Solidarity Day is a unique concept and not always easy to grasp.
Established in 2004 (already 20 years ...), it is an additional unpaid workday aimed at funding initiatives for the elderly and disabled.
Due to its flexible application, it raises numerous questions each year from HR and employees alike.
Find here the Top 10 most frequently asked questions!
When does Solidarity Day take place?
Originally, it was on Whit Monday, traditionally a public holiday.
Now, this day can be set for any date of the year, except Sundays and May 1st. The choice of the solidarity day is decided upon by agreement between the employer and the staff or, failing that, by the unilateral decision of the employer after consulting the social and economic committee (CSE). Although it is not a rule, many companies still observe Solidarity Day on Whit Monday (set for May 20, 2024, this year).
Is it mandatory?
Solidarity Day is mandatory for French companies.
- Every employer, without exception, contributes monthly 0.30% of their gross payroll to the solidarity autonomy contribution to the Urssaf responsible for its collection. It is an employer-only contribution.
- In return, every employee must work one additional day each year.
Thus, not imposing this extra workday does not hinder the payment of the contribution.
What is the required duration?
This day is limited to 7 working hours
for all full-time employees. This number of hours is calculated on a pro-rata basis for part-time work.
Example: for an employee working 28H per week, they must complete 7*28/35 = 5h36 minutes for Solidarity Day.
Working hours exceeding the 7-hour limit should be normally compensated (or, for part-time employees, beyond the pro-rated hours limit).
Who is concerned?
Solidarity Day as set out in Article L3133-7 of the Labor Code applies to all employees. Interns, who do not have employee status, are not required to perform this day.
What rule applies to apprentices?
For minors
For minor apprentices, the legislation specifies that Solidarity Day cannot be carried out on Whit Monday itself, as it is a public holiday. Instead, another unpaid working day must be set by the employer and the apprentice, in agreement with the apprentice's legal representative. This day must be completed within the year following Whit Monday.
For adults
For adult apprentices, Solidarity Day can be carried out on Whit Monday itself unless the company is closed that day. In that case, another unpaid working day must be set within the year, in agreement with the employer.
Must you necessarily work on this day?
The terms of this day are flexible, it can be offered by the company or carried out:
- In a split manner spread over several days, weeks, or months (7 hours)
- Or by taking a day off or RTT.
IMPORTANT: If worked, this day does not result in any additional pay.
Do you have the right to require taking a day off for Solidarity Day?
To perform Solidarity Day, the employer cannot mandate their employees to take a day off, nor remove a paid bridge day provided by a collective agreement, nor remove a mandatory rest period or compensatory rest, nor compensate it by working on a Sunday (except in specific cases of derogation from Sunday rest). The employer may allow the employee to not come to work that day, provided they take a day off in return (paid leave, RTT, compensatory rest...). However, the employer cannot impose taking a paid leave day on all their employees on the day when Solidarity Day should be performed in principle (e.g., company closure on Whit Monday), as this would deprive them of a legal paid leave day.
Can the employer offer this day?
Solidarity Day usually involves working an extra day without being paid by the employer. As part of their HR actions, some companies choose to offer this day to their employees!
How to manage this day for people joining mid-year?
An employee changing employers mid-year who has already completed Solidarity Day with their previous employer is not required to perform another Solidarity Day.
However, the burden of proof lies with the employee. They can prove they have completed Solidarity Day if it is:
- mentioned on their pay slip;
- or via a certificate from their former employer.
How to configure Solidarity Day in NICOKA SIRH?
When annually setting up public holidays in Nicoka, ensure not to mark Whit Monday as a public holiday if you have chosen this date to apply Solidarity Day in your company.
If you wish to encourage your employees to take a CP or RTT on this day, you can post an announcement on the home dashboard informing them of the date chosen by the company and the need to take a day off.
May 1st Particularities
In addition, May 1st is the only day that is mandatorily a day off (i.e., not worked).
Due to the nature of their activity, some companies cannot interrupt their operations. This notably includes hotels, hospitals, and industrial establishments operating continuously. For these companies, work is possible on this day.
If you are in this situation, you do not need to seek prior authorization to have your employees work. The only condition is to justify that your company's activity requires continuous operation.
Public Holidays and Nicoka SIRH
The Labor Code lists 10 public holidays other than May 1st, which apply throughout France:
January 1st;
Easter Monday;
May 8th;
Ascension Thursday;
Whit Monday;
July 14th;
August 15th;
All Saints' Day;
November 11th;
December 25th.
In addition to these legal public holidays, there may be holidays specific to certain departments, professions, or even local customs.
The configuration of public holidays is specific to each company using our HRIS solution. We recommend anticipating the configuration for several years to facilitate leave and absence forecasts.
