[FAQ] 7 questions to find out everything you need to know about the solidarity day

Since the law of 30 June 2004, the solidarity day has been incorporated into the Labour Code.

But why, and is the solidarity day compulsory for all employees of a company? Does it have to take place on Whit Monday? 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 introduced in 2004, following the scorching summer of 2003, which caused a significant excess of deaths among these groups.

Is the solidarity day compulsory?

The solidarity day is compulsory for everyone, in the private sector, the public sector, on permanent contracts and on other contracts. At least in the majority of cases, since there are special situations that we will explain in more detail below.

Who is affected by the solidarity day?

The solidarity day takes the form of :

• employees working an extra day a year without pay;
  In other words, they work unpaid overtime for which they are not entitled to time off in lieu;
  
  
• the payment of the contribution solidarité autonomie (CSA) of 0.3% of payroll by employers.

💡 Employers may offer their employees the solidarity day. However, this measure must apply to 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 16 April 2008 changed all that.

There are now several options available to employers, 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 that is usually a non-working day, including those defined by the company's specific arrangements.

However, some days off cannot be chosen as a solidarity day. The exceptions are

• 1st May
• Good Friday and 25 and 26 December for the departments of 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 that operate on a continuous shift basis, where business is conducted on the basis of different schedules.

In the end, despite the many possibilities, the majority of companies maintain the solidarity day on Whit Monday.

This year, Whit Monday falls on 6 June 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 out the arrangements for the Solidarity Day".

However, in the absence of such an agreement, it is up to the employer to decide. In this case, the works council or the CSE (Comité Social et Économique) should be consulted about the implementation of the solidarity day.

What are the special cases?

Solidarity day and part-time work

For part-time employees, the hours to be worked on the solidarity day are proportional to the working time required under their 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 must therefore work an additional 4 hours per year for his solidarity day.

Solidarity day and fixed-term contracts

The 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 their new company decides to make them work that day anyway, then :

• he/she is paid for this second solidarity day ;
• the number of hours worked is deducted from the employee's annual quota of overtime or additional hours;
• this second day of solidarity gives rise to time off in lieu.

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

Solidarity day and seasonal fixed-term contracts

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

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

On the other hand, if it 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 who are minors. Under-18s 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 relating to the solidarity day for minor apprentices.

Solidarity day and trainees

Trainees are not subject to the ordinary law of the Labour 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 compulsory for HR teams and payroll administrators to mention the solidarity day on the payslip, 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 Eurécia, or payroll software, such as Ciel Paye, offers 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 showing the solidarity day and the solidarity contribution:

Solidarity Day and overtime

According to article L3133-9 of the French Labour 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, shall not be 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, shall not be 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 works a 40-hour week (i.e. 8 hours a day), employees only have to work 7 hours for the solidarity day. Any overtime is paid at a premium.

Solidarity day and annual package agreement in days or hours

The employees concerned also work an extra 'free' day per year.

For example, an employee working 217 days a year would have to work 218 days to pay for his solidarity day, but would only be paid for 217.

Solidarity day and sickness

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

Sick leave is treated in accordance with the rules of ordinary law.

Solidarity day and paid leave

An employee may take one day's paid leave or one day's RTT for his solidarity day. As with sick leave, this will not be carried over.

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

☝️ 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's leave.

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