[FAQ] Everything you need to know about the Solidarity Day in 7 questions

Since the law of June 30, 2004, the Solidarity Day has been incorporated into the French Labor Code.

But why, and is the Solidarity Day compulsory for all company employees? Does it have to take place on Whit Monday? And how should it be implemented?

Given the various nuances and special cases that exist, dealing with this obligation can be a real headache for HR teams.

Here's a quick reminder of the rules and how this special day works, in 7 questions.

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What is the solidarity day?

Solidarity Day is a day set aside to finance initiatives to help the elderly and disabled live independently.

It was created in 2004, following the heatwave summer of 2003, which caused a significant excess of deaths among these populations.

Is the solidarity day compulsory?

The solidarity day is compulsory for all employees, whether in the private or public sector, on permanent or temporary contracts. At least in the majority of cases, since there are special situations that we'll explain in more detail below.

Who is affected by the solidarity day?

The solidarity day involves :

• employees working an extra day a year, unpaid;
  in other words, they work unpaid overtime for which they are not entitled to time off in lieu;
  
  
• the payment by employers of the contribution solidarité autonomie (CSA) at a rate of 0.3% of payroll.

💡 Employers can offer their employees the Solidarity Day. However, this measure must concern all employees. And of course, the company is still required to pay the contribution de solidarité pour l'autonomie.

What day is the 2022 solidarity day?

Initially, the Solidarity Day was set for the public holiday of Whit Monday. But the law of April 16, 2008 changed all that.

Employers now have a number of options, and employees have the possibility of paying their solidarity day in different ways:

• by working 7 hours overtime, split over the year ;
• by working on another day usually off, including those defined by the company's specific arrangements.

Please note, however, that certain days off cannot be chosen as a solidarity day. Here are the exceptions

• May 1st,
• Good Friday and December 25 and 26 in Alsace-Moselle,
• Sunday, unless the company has a derogation from Sunday rest.

☝️ Note that the solidarity day does not necessarily have to be the same for every employee within the same structure. This is often the case in companies operating on a continuous shift basis, where activity is based on different schedules.

In the end, despite the numerous possibilities, the majority of companies maintain the Solidarity Day on Whit Monday.

This year, Whit Monday falls on June 6, 2022.

Who chooses the date of the solidarity day?

According to article L3133-11 of the French Labour Code: "A company or establishment agreement or, failing that, a branch agreement or convention sets the terms and conditions for the Solidarity Day.

However, in the absence of such an agreement, it is up to the employer to decide. In such cases, the Works Council or the CSE (Comité Social et Économique) must be consulted before the Solidarity Day is put into practice.

What are the special cases?

Solidarity day and part-time work

For part-time employees, the number of hours to be worked on the solidarity day is proportional to the number of hours required under the contract with the employer.

Example: if an employee works 20 hours a week instead of 35, the following calculation applies: (7 X 20)/35 = 4.

The employee is therefore required to work an additional 4 hours per year for the solidarity day.

Solidarity day and fixed-term contracts

Solidarity Day also applies to employees on fixed-term contracts.

However, they are exempt from this obligation if they have already worked their solidarity day during the year for a previous employer. And if the new company decides to make the employee work on this day, then :

• he or she is paid for this second day of solidarity ;
• the number of hours worked is deducted from the employee's annual overtime or complementary hours quota;
• this second day of solidarity gives rise to a compensatory rest period.

Solidarity day and temporary work

As with a fixed-term contract, it all depends on whether or not the temporary worker has already worked a solidarity day for a previous employer.

If, however, the temporary worker has already worked a second solidarity day for his or her new company, the same rules apply.

Solidarity day and seasonal fixed-term contracts

Like home-workers and intermittent workers, employees on seasonal fixed-term contracts are not paid on a monthly basis.

As a result, if they are also required to perform their solidarity day, they are paid for it.

On the other hand, if the day falls on a public holiday that has already been observed, any additional pay or compensatory rest provided for in collective agreements will not apply.

Solidarity day: apprentices and trainees

Solidarity Day and apprentices

Apprentices over the age of 18 are covered by the Solidarity Day in the same way as other employees.

The only exception is apprentices under the age of 18. Indeed, apprentices under 18 are not allowed to work on public holidays, except in certain specific sectors such as the hotel and catering industries.

However, if the solidarity day falls on a day that is not a public holiday, it is up to the social partners to decide on the provisions concerning the solidarity day for under-age apprentices.

Solidarity day and trainees

Trainees are not subject to the general provisions of the French Labor Code, and are not considered as employees of the company.

They are therefore not required to pay a solidarity day, unless otherwise stipulated in their training agreement.

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How is the solidarity day paid for?

It is mandatory for HR teams and payroll managers to mention the solidarity day on the pay slip, in particular to facilitate any justification to a new employer.

That's why it's important to take particular care when issuing pay slips. HRIS software with a payroll module, such as Eurecia, or payroll software, such as Ciel Paye, offer a wide range of functions to ensure that special cases are taken into account and that the pay slip is fully compliant.

Example of a payslip mentioning the solidarity day and the solidarity contribution:

Solidarity Day and overtime

According to article L3133-9 of the French Labor Code: "The hours corresponding to the Solidarity Day, up to a limit of seven hours or the duration proportional to the contractual duration for part-time employees, are not deducted from the annual overtime quota or from the number of overtime hours provided for in the employment contract. The hours corresponding to the solidarity day, within the limit of seven hours or the duration proportional to the contractual duration for part-time employees, are not deducted from the annual overtime quota or from the number of overtime hours provided for in the employment contract of the part-time employee."

As a result, if the company operates on a 40-hour/week basis (i.e. 8 hours a day), employees only have to work 7 hours for the solidarity day. Overtime is paid at a premium.

Solidarity day and annual fixed-price agreement in days or hours

Affected employees also work an additional "free" day per year.

For example, an employee working 217 days a year must then work 218 days, but only be paid for 217.

Solidarity day and illness

A solidarity day set by agreement, convention or company does not have to be deferred for an employee who is off sick.

Sick leave, on the other hand, is treated in accordance with the rules of ordinary law.

Solidarity day and paid leave

An employee may take one day of paid leave or one day of RTT for his or her solidarity day. As in the case of sick leave, this will not be carried forward.

Here is an example of a pay slip for which the employee has taken a day off for the solidarity day:

☝️ Please note that employers may not require their employees to take a day off on the solidarity day set beforehand. This is tantamount to depriving employees of a day off.

And you, when did you decide to implement your company's solidarity day this year?