Roche & Cie

Focus on the Solidarity Day

04 May 2016

The solidarity day is for employees in an additional working day, which is unpaid in principle. For employers, it results in a new development in their care contribution (the “solidarity contribution autonomy”), all of which are intended to finance actions in favor of the autonomy of elderly or disabled persons.
The solidarity day concerns all employees under the labor code (and those in the rural code). However, for employees under 18 years, it should take into account special provisions governing the employment of minors. Thus, if the solidarity day is fixed on a holiday, it will not affect young workers, since, with few exceptions, the work of employees under 18 is prohibited during holidays. If a fixed collective agreement one working day as a day of solidarity, it is for the social partners to decide on the conditions in which these young workers will carry the day.

How his accomplishment modalities are they fixed?

The terms set by collective agreement

The terms of fulfillment of the day of solidarity are secured by company agreement or settlement or, failing that, by branch agreement.

This agreement may provide:
• be the work of a previously busy holiday other than May 1st;
• be the work of a day of rest granted under the collective agreement concluded by application of Article L. 3122-2 of the Labour Code (agreement to set the time arrangements and work to organize the distribution of working hours over a period longer than a week and not more than year).
• or any other means to work 7 hours previously not worked under treaty provisions or corporate organizational arrangements.

The date of the solidarity day, it results from a collective agreement or employer’s decision (see below), may be different for each employee of the company, when the latter works continuous or is open every day of the year.

The terms set by employer’s decision

If no collective agreement, the terms of fulfillment of the day of solidarity is defined by the employer, after consultation with the works council or, failing that, of staff representatives if they exist. However, in the departments of Moselle, Rhine and the Lower Rhine, the agreement or, failing that, the employer’s decision can determine neither the first and second day of Christmas or, regardless of the presence of a Protestant church or a mixed church in public on Good Friday as the date of the day of solidarity.

Can the solidarity day be split?

Its date is fixed by collective agreement or, failing that, by decision of the employer, the day of solidarity can be divided into hours, provided that they meet the following conditions:

  • splitting must be effective and correspond to additional work seven hours per year;
  • specific arrangements must be provided for employees placed in a special situation because, for example, the annual convention of days or hours package applicable to them or the fact that they work part-time.

When choosing the solidarity day is decided by collective agreement, splitting in hours is the responsibility of social partners which may, if they consider it useful, the part of the agreement. When determining the day of solidarity is the decision of the employer, it is the latter’s responsibility to retain this mode if it seems appropriate.