The Solidarity Day is a national solidarity measure whose implementation involves both HR organization and payroll management. This guide clarifies the applicable framework and provides operational guidelines to help you secure your practices.
Origin and purpose of the Solidarity Day
The Solidarity Day was introduced after the 2003 heatwave, a summer marked by a high excess mortality rate among the elderly. In response to this tragedy, the government decided to establish a long-term mechanism to fund initiatives supporting the autonomy of dependent individuals.
Thus, in June 2004, the law creating the Solidarity Day was passed. The principle is simple: each employee works an additional unpaid day, while employers pay a solidarity contribution (CSA) equal to 0.3% of the total payroll.
This contribution funds the National Solidarity Fund for Autonomy (CNSA), which in turn finances establishments, services, and assistance programs for the elderly and disabled.
Is the Solidarity Day mandatory?
The Solidarity Day applies to all employees. It forms part of the annual working time, and its organization is defined by a company agreement or, failing that, by the employer’s decision after consulting the Social and Economic Committee (CSE). Depending on the chosen arrangement, it may take the form of a full working day, hours spread throughout the year, or the removal of a compensatory rest day (RTT).
An employee cannot refuse to complete it. In practice, an unjustified refusal may be considered as an unauthorized absence. The rules vary depending on the type of contract: for part-time employees, the duration is proportional to their working hours, while for employees on a day-based contract (forfait jours), it corresponds to a full working day.
What is the date of the Solidarity Day?
Contrary to popular belief, the Solidarity Day does not have a fixed date. While it was long associated with Whit Monday, this is no longer mandatory since the 2008 reform. Each company or public administration is free to decide when the day will be worked.
The day can therefore vary: some companies keep Whit Monday as a working day, while others choose another public holiday usually not worked, or prefer to spread the hours across the year. In some cases, it can also correspond to the removal of an RTT day.
This choice is defined by a collective agreement or, failing that, by an employer’s decision after consulting the CSE. What matters is that employees are clearly informed of the chosen date and that the arrangement remains consistent with the company’s schedule.
How does the Solidarity Day apply to temporary workers?
For temporary workers, the Solidarity Day follows the rules of the user company, i.e., the company where the assignment takes place. It is this company that determines the day or organization of the Solidarity Day, according to its own collective agreement or internal decision. Temporary workers assigned on that day apply the same conditions as permanent employees.
In practice, if the Solidarity Day falls during the assignment period, it is treated as a regular working day. The temporary worker receives normal pay, with no loss of salary or special bonus. On the other hand, if the company is closed or the temporary worker is not scheduled that day, no deduction can be made from their payslip: they do not work, but they are not penalized either.
Another frequent case: if a temporary worker has already completed their Solidarity Day for another employer earlier in the same year, they do not have to do it again. They simply need to inform their temp agency, which will notify the user company to avoid double application.
This system ensures consistency between temporary and permanent employees while respecting the principle of national solidarity at the core of this measure.
Specific rules to know
Certain situations require particular attention when organizing the Solidarity Day.
Part-time employees do not work 7 hours but a duration calculated in proportion to their contract. For employees under a day-based contract, the Solidarity Day equals a full day.
In the Alsace-Moselle region, the situation is special: Whit Monday remains a public holiday, and therefore cannot be chosen as the Solidarity Day. Companies must select another day.
Apprentices and work-study employees are also concerned, unless an internal agreement provides for different arrangements. As for minors, they may work the Solidarity Day, provided the working time limits applicable to their age are respected.
Finally, when an employee leaves the company or changes jobs during the year, they do not have to repeat the day if they have already completed it elsewhere.
It is therefore recommended to keep proof, such as a payslip mention or an official certificate, to justify their situation in case of new employment or a temporary assignment.
Solidarity Day and holidays: how does it work?
The Solidarity Day cannot be imposed during a paid leave period already approved. If the chosen day falls during an employee’s vacation, they are not required to return to work and do not have to make up the day later.
However, if the Solidarity Day falls on an RTT day or compensatory rest day, the company may decide to cancel that rest day to account for the 7 hours owed under the solidarity measure, provided this is stipulated in a collective agreement.
This day also cannot overlap with a mandatory public holiday, such as May 1st, which remains a paid day off for all employees in France.