Employees

Solidarity Day: How does it work?

Publié le null - Legal and Administrative Information Directorate (Prime Minister)

Established in 2004 to finance actions to promote the autonomy of the elderly and disabled, the day of solidarity concerns all active persons. How does it apply to private employees and public officials? Answers with Service-Public.fr.

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Image 1Crédits: Robert Kneschke - stock.adobe.com

Private sector

The arrangements for the observance of the day of solidarity shall be laid down by company (or establishment) agreement or by branch agreement. In the absence of a collective agreement, they shall be defined by the employer after consultation with the employee representation body.

As a general rule, the day of solidarity in the private sector takes the form of an additional day of work during the year, which is unpaid. This may involve working:

  • on a holiday that was previously non-working other than 1er May (such as Pentecost Monday);
  • either during a day of RTT;
  • or in any other way which allows the work of seven hours previously not worked (such as working on a Saturday, for example).

Hours worked during the day of solidarity are not considered overtime (or complementary).

Public sector

The day of solidarity in the public service means an extra day of unpaid work. It may be carried out in one of the following ways:

  • work on Whit Monday or another previously non-working holiday (other than 1er May);
  • deletion of one day of RTT;
  • any other arrangements allowing the work of 7 hours previously not worked, excluding the abolition of a day of annual leave (e.g. work on an additional day, excluding school time for teachers).

FYI  

  • If the day of solidarity is set as a public holiday, it will not apply to minor workers since, with few exceptions, the work of employees under 18 years of age is prohibited during public holidays. If a collective agreement establishes a non-holiday as a day of solidarity, it is up to the social partners to decide on the conditions under which these young employees will carry out this day.
  • For part-time employees, the 7-hour limit is reduced in proportion to the duration of their employment contract (e.g. for a part-time employee, the limit will be 3.5 hours). Hours worked beyond that date will normally be remunerated.

Please note

Provision is made so that employees changing employers during the year do not have to work that day several times a year.

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