What is the Solidarity Day?

Solidarity Day, a French-specific measure, was introduced following the 2003 heatwave to finance the CNSA through the “solidarity autonomy contribution” paid by the employer. Thus, this day helps fund actions in favor of the autonomy of the elderly or disabled. It is an additional unpaid working day for employees.

Initially set on Whit Monday, the law has evolved to provide more flexibility and simplicity. Since 2008, companies are free to set the Solidarity Day whenever they wish.

How does the Solidarity Day work ?

The terms of the Solidarity Day must be outlined in a company agreement, establishment agreement, or, if absent, a branch agreement. However, if no collective agreement exists, the employer determines the terms of the day after consulting with the Employee Representative Body (CSE), if one exists.

The Solidarity Day changes the organization of work. It is recommended for companies or employers to communicate the date of this day in advance, at least one month before its execution.

In the private sector 

The Solidarity Day in the private sector can be carried out in various ways:

• On a previously non-working public holiday (except May 1st);
• By working on a day off granted as part of a work-time arrangement (e.g., RTT);
• By any other method that allows employees to work 7 previously non-worked hours;
• For employees on a fixed days contract, the company or branch agreement specifies whether the Solidarity Day is included within the contract or should be worked in addition.

The hours worked during the Solidarity Day are not considered overtime or additional hours.

In the public sector

The Solidarity Day in the public sector also results in an additional unpaid working day and can be carried out in a similar manner with a few specificities:

• On Whit Monday or another previously non-working public holiday, except May 1st;
• By removing a day from RTT (reduced working time);
• By any other method allowing employees to work 7 previously non-worked hours, excluding the removal of an annual leave day.
  Example: working an extra day outside of school time for teachers.

How is the Solidarity Day carried out?

Duration of the Day

The duration of the Solidarity Day depends on the employee’s work contract:

• A full-time employee must work 7 hours as part of the Solidarity Day;
• For part-time employees, the 7-hour duration is adjusted proportionally to their working time. If this day does not fit within a part-time employee’s usual working hours, another date can be set on a case-by-case basis.
• For employees on a fixed days contract (218 days), the Solidarity Day is included within these 218 days. In principle, it should not be worked on a public holiday unless this holiday is compensated with an additional day off.
• For contracts with fewer days, the company or branch agreement should specify whether the Solidarity Day is included in the total days worked or needs to be done in addition.

Remuneration 

The fundamental principle of the Solidarity Day is that it is unpaid for monthly employees. However, any hours worked beyond the 7 hours of the Solidarity Day must be paid as overtime or additional hours, with the appropriate legal or contractual provisions.

However, if the employee is not on a monthly salary, they must carry out their Solidarity Day but will be paid as usual (without any public holiday premium when worked on a public holiday). This situation applies to seasonal and intermittent employees.

It is not mandatory to mention the Solidarity Day on the payslip, but it is recommended to include a specific mention for proof. If this mention is absent, the employer can also issue a certificate to the employee upon request.

Other terms

An employee can choose to take a paid leave day on the Solidarity Day if the employer agrees to this choice. However, the employer cannot force an employee to take paid leave.  An employee can also take a day off on the Solidarity Day.

The Solidarity Day can also be split if the following conditions are met:

1. The split must be real and correspond to an additional seven hours of work per year;
2. Specific terms must be set for employees in special circumstances, such as those on annual fixed days or hours contracts, or those working part-time.

It can also be carried out on two different dates within the same company.

The Solidarity Day cannot take place on a Sunday, except with an exemption for specific sectors.

Note:
In the Moselle, Bas-Rhin, and Haut-Rhin departments, the Solidarity Day cannot be set on May 1st, December 25th, December 26th, or Good Friday.

Solidarity Day: Are there any specific cases?

All employees, including apprentices and those on professional contracts, must carry out the Solidarity Day.

Employees under 18 and Interns

As specified in Article L.3164-6 of the Code du Travail, employees under 18 are not allowed to work on legal public holidays, unless the company has a waiver to have employees work on these days.

Interns, not being considered employees, are not required to carry out the Solidarity Day.

Multi-employer employees

Employees who have multiple jobs must carry out this day proportionally in each company.

Employees Changing Employer

If an employee changes employer during the year, the new employer may request that they perform a new Solidarity Day. However, if the employee can prove that the day has already been completed, two options are available:

• The employer accepts it: the employer must pay for the hours worked on that day, applying the overtime or additional hour rules.
• The employer refuses: this refusal does not constitute misconduct, and the employer cannot sanction or dismiss the employee for this reason.
   

What if the employee is absent?

In case of an employee's absence during the Solidarity Day (e.g., sick leave or maternity leave), the Solidarity Day cannot be made up on another day during the year. In this case, the usual law applies, meaning the absence will be deducted, and daily benefits will be paid, if applicable.

Can the employer offer the Solidarity Day?

The Solidarity Day is materialized for the employer by paying the solidarity autonomy contribution (CSA), which is 0.30% of gross salaries subject to social security contributions. This is paid to URSSAF, which then forwards the amount to the National Solidarity Fund for Autonomy (CNSA).

The contribution is declared in the DSN and appears on the payslip under “other contributions owed by the employer.”

If an employer pays this contribution but chooses to offer the Solidarity Day to employees, there is no risk as long as the contribution is paid, as this option is more favorable to employees.

The Solidarity Day represents a legal obligation for employers, allowing them to contribute to the financing of the autonomy of the elderly and disabled. Its implementation requires careful organization, with terms defined by a collective agreement or, if absent, by the employer.

Our RSM experts are available to assist you in implementing the Solidarity Day.