Whit Monday: public holiday or not?
Every year, we all ask ourselves: Whit Monday, public holiday or not?
In 2004, the government introduced the Solidarity Day , which was initially imposed on Whit Monday , one of the 11 statutory public holidays. But for some years now, companies have been able to choose the date for the solidarity day, sowing confusion about the date.
Is it compulsory to work on Whit Monday? How are you paid on that day? Does the collective agreement apply?
All the answers to your questions in this article.
Is it compulsory to work on Whit Monday?
No, it is not compulsory for everyone to work on Whit Monday, but it may be the case for you.
Case 1: Solidarity Day is set for Whit Monday
Although this has not been a legal requirement since 2008, many employers have opted to keep Whit Monday as the day on which they carry out the solidarity day. The French Labour Code states that this arrangement must be included in the collective agreement, branch agreement or company agreement, or is otherwise set by the employer after consultation with the CSE.
👉 Does this apply to you in case no. 1?
- Whit Monday is a public holiday but not a day off,
- you work for free on that day,
- you can take a day off work or paid leave.
By the way :
7 out of 10 employees prefer to take a day off on Whit Monday.
The main reason for this is that, as it is a public holiday, most shops and public establishments are closed. School is also closed for children, and you need to be able to look after them.
☝️À Note: if an employee refuses to work on the solidarity day and is unable to take a day off, his or her salary may be deducted directly.
Case 2: Solidarity Day is not set aside for Whit Monday
The Labour Code requires employees to work 7 hours "free of charge" for the solidarity day. On the one hand, it does not set Whit Monday as the day on which to do this, and on the other, these hours can be broken down in different ways.
👉 Does this apply to you in case 2?
- Whit Monday is a public holiday,
- there is no impact on your pay, you will be paid as if you were working, as is the case for other public holidays,
- you will have to carry out your solidarity day in another way defined by your company:
- on another public holiday (except 1 May),
- or on another day that is usually a public holiday (a Saturday, for example),
- or split the 7 hours of unpaid work over the year.
🎁 Some companies give this day as a gift to their employees, who are then exempt from coming to work on that day. They still pay the 0.3% of payroll due to the State.
Case 3: some special situations
- Do you work part-time ? The number of hours to be worked on the solidarity day is proportional to the number of hours in your contract.
- Do you have a fixed-term or temporary contract? You must work your solidarity day. However, if you have already done so under a previous contract in the same year, it will be paid to you in the form of time off or pay.
- Are you a seasonal, casual or home worker? As your pay is not monthly, if you do your solidarity day, it will be paid.
- Are you on an apprenticeship contract? If you are over 18, you must work the day. In which case, you cannot work on a public holiday and are therefore exempt (except in the hotel and catering industry).
- Are you a trainee ? Unless your training agreement explicitly states otherwise, you are exempt.
- Are you off sick? You won't have to make up the solidarity day.
How is Whit Monday paid?
If you do your solidarity day on Whit Monday, you will work without pay on that day, and the solidarity day will appear on your pay slip, which will be paid at the same rate, except :
- when a monthly-paid employee works overtime on that day in excess of 7 hours for full-time contracts (even if your contract is longer than 35 hours/week) and in excess of 3.5 hours for part-time contracts. They will be paid ;
- when the employee is not on a monthly contract (intermittent, seasonal, temporary, etc.), he/she will be paid for the day worked without additional pay, or will receive compensation in the form of a day off.
☝️ The 7-hour solidarity day does not count against the annual quota for overtime or additional hours.
If you do not work on Whit Monday, you will be paid as if it were a normal public holiday, with no impact on your pay slip, thanks to the rule that your pay is maintained on legal public holidays.
☝️ This rule does not apply if you have been with the company for less than three months.
Whit Monday: public holiday dates 2024, 2025 and 2026
Whether you spend this day at work or resting, here are the public holiday dates for Whit Monday:
- Monday 20 May 2024,
- Monday 9 June 2025,
- Monday 25 May 2026.
So, will you be one of the brave workers or the lucky ones to have Whit Monday off?