The purpose of the Solidarity Day, as its name suggests, is to finance initiatives to help the elderly and people with disabilities to live independently. It consists of an extra day’s work.
The concept is simple:
A full-time or part-time employee must work an extra day without pay. This day corresponds to a full day’s work, which is generally 7 hours for a full-time employee, and reduced pro rata temporis for part-time employees. In the absence of a collective agreement, the employer is free to set the terms and conditions for the Solidarity Day, after consulting the social and economic committee.
This may involve:
- work on a public holiday previously taken in your company other than 1st May;
- work on a day of rest granted under a collective agreement relating to the organisation of working time over and above the week (annualisation, for example).
Although a public holiday is the most frequently chosen solution, employers may choose to organise the Solidarity Day in another way. For example, they can ask employees to work overtime during the year, to compensate for the Solidarity Day.
Beware of preconceived ideas:
Bien qu’il soit courant d’imposer à ses salariés un jour de congé payé lors de la journée de solidarité, cette pratique a été rejetée par la Cour de cassation. Cela signifie que le congé doit être pris d’un commun accord avec vos salariés.
Have you just taken on an employee who has already worked the Solidarity Day? Do you employ people who are working several jobs at the same time?
Don’t panic, here are the solutions:
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Change of employer
Your new employee has two options:
- Accept the extra day, in which case it will be paid as overtime for full-time employees and as additional hours for part-time employees;
- Refuse the extra day, which does not constitute misconduct and therefore does not justify disciplinary action.
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Concurrent employment
Your employee must complete a Solidarity Day in your company, in proportion to the time he or she works. If you have both a full-time and a part-time job, the Solidarity Day is only required in the company where the employee works full-time.
In addition to being a legal obligation, the Solidarity Day symbolises a real collective commitment. Although it is sometimes perceived as a constraint, it is also a means of encouraging collective awareness of the challenges of dependency and ageing.
