Preamble 

The solidarity day is a 7-hour working day, unpaid, for full-time employees. It is an extra working day (which can possibly be broken down into hours). For the employer, it is an employer’s contribution based on wages (the « solidarity autonomy contribution »), paid to a national solidarity fund for autonomy.

This day follows the consequences of the heat wave of 2003 which led to the creation of a day intended to finance actions in favor of the autonomy of the elderly or disabled.

1. Choice of the day of solidarity 

Since 2008, the day of solidarity is no longer systematically fixed on Whit Monday. It is therefore up to the employer to determine its date.

The date must be chosen in priority by collective agreement (company, branch). Failing this, the employer freely determines the date after consulting the CSE if it exists.

2. Modalities of execution of the day of solidarity   

The day of solidarity may consist of:

• Working on a statutory holiday usually non-working (other than May 1)
• Abolition of a day of RTT or a day of conventional leave (or any day of rest granted under a collective agreement)
• Or 7 hours of overtime split over the year. Specific arrangements must be laid down for employees on annual working days contracts, on annual working hours contracts or part-time.

NB : 

• The employer can also offer the solidarity day to the company’s employees.

For example: offering an extra day off.

We advise you to mention, the month of the realization of the day of solidarity, on the pay slips the date of the day of solidarity.

3. Impact of the day of solidarity 

Work done during the solidarity day is not remunerated.

The hours worked as part of the solidarity day are not deducted from the annual quota of overtime within the limit of 7 hours. This does not give rise to mandatory compensation in rest.

REMINDER: the work of the solidarity day may not have the effect of exceeding the maximum weekly working time equal to 48 hours

CAREFUL

• The realization of the solidarity day may not lead to the abolition of a day of legal paid leave and the employer may not require the employee to take a day of paid leave.
• If the solidarity day is set on a public holiday, it cannot concern persons under 18 years of age, except in the case of derogation from the ban on working on a public holiday.
• The day of solidarity cannot be observed on a Sunday.

What about part-time employees?

For part-time employees, the duration of the solidarity day is reduced in proportion to the contractual duration.

What about employer changes?

An employee who changes employer may already have completed a solidarity day for the current year. As such, the new employer cannot ask him to perform a new day:

• The hours worked must be paid as overtime.
• They are deducted from the annual quota or from the number of overtime hours and give rise to compulsory compensation for rest if necessary.

The employee may refuse to work, without this refusal constituting a fault or a reason for dismissal.

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This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation

Contact

Claire APPELGHEM

Head of HR/Employment Law

Claire.appelghem@groupe-aplitec.com

01 40 40 38 38