the

a Day of solidarity : how to apply in companies ?

MIL OSI Translation. Government of the Republic of France statements from French to English

The day of solidarity is a day of work unpaid for the employees. It consists of a day of additional work (which may eventually be split in hours), aimed at financing of actions in favour of the autonomy of the elderly or people with disabilities. The self-employed non-employed are not affected.

The day of solidarity is not automatically set to the Monday of Pentecost, as stipulated in the 2004 act, which makes it a holiday not worked in many companies.

The law n°2008-351 on 16 April 2008, removes the statutory provision setting automatically to the Monday of Pentecost, the date of the day of solidarity, in the absence of collective agreement in setting a date.

The modalities of application of the day of solidarity are established by agreement of the company, or, in the default branch :

working a holiday is usually a holiday (other than the 1st of may)

In the absence of collective agreement, it is the employer who determines the terms and conditions, after consultation with the works committee or, failing that, staff delegates, if they exist.

It is not necessary that the day of solidarity was held on the same day for all employees of the company, including whether it works continuously or is open all days of the year.

The compensation of employees wage is not changed : they lose a day of rest and / or RTT, or must complete 7 additional hours.

For part-time workers, temporary workers or non-wage, the day of solidarity is to be calculated in proportion to the normal hours of work of the employee. For example, for an employee working part-time (28 hours per week), the duration of work devoted to the day of solidarity is equivalent to 5 hours and 36 minutes (= 7 x 28/35 = 5,6).

In the event of a change of employer, and if the employee has already accomplished for the current year a day of solidarity, the hours worked, when an extra day of work for the new employer, are paid and are always considered on the annual quota of overtime hours or additional.

Moreover, in the departments of Alsace-Moselle, this day cannot be fixed, nor good Friday, nor December 25 and 26.

For employers, this is a day translates to a contribution of 0.30% on wages (contribution solidarity autonomy), intended to support the autonomy of elderly or disabled people.

EDITOR’S NOTE: This article is a translation. Please forgive us should the grammar and/or sentence structure is not be perfect.