If Pentecost Monday is officially a holiday, it is not necessarily a day off (not worked) in certain cases. In reality, each company decides whether its employees come to work or not. Furthermore, it is estimated that around a third of French employees are working on Monday.
• Did “A day of solidarity” work or not?
In 2004, one year after the deadly heat wave of the summer of 2003, the government decided to transform this public holiday into a “solidarity day”. Specifically, employees must then come to work on this day without receiving any remuneration, companies then pay a solidarity autonomy contribution (CSA) to the national solidarity fund for autonomy dedicated to the dependency of the elderly and disabled, at 0 3% of the payroll. . This year, close to 3,000 million euros will complement this fund.
But the framework is changing in 2008. Companies are then free to fix the solidarity day on any other holiday of the year except May 1, which is a mandatory day off.
Whether this day of solidarity is set on Pentecost or later, the result is the same, the employee must come to work for seven hours “free” without being paid.
However, it is always possible to set an RTT day or a day off on that day. The employer accepts or not but if he says yes, he cannot ask you to come back another day to carry out this solidarity day.
Another possibility is to request to work these seven additional hours for free in installments throughout the year if the employer allows it (through an internal agreement, for example). The management itself can decide to allocate an RTT day to all employees during this day through a company agreement or even “offer” this day and bear its cost.
• Full time, part time, day pack: what are the differences?
-If you are a full-time employee, you work seven hours without pay.
– If you are a part-time worker, the duration of the solidarity day is reduced proportionally: thus, for part-time, this corresponds to 3.5 hours.
-If you have a fixed daily or hourly rate, these seven unpaid hours correspond to one business day.
• What exceptions?
The apprentices, who are not employees, are not concerned. This day retains a festive character. Therefore, they are not intended to be present this Monday, May 29, 2023, with the exception of those whose internship agreement provides for the possibility of working on holidays.
The same goes for the self-employed, apprentices, work-study workers or even employees under the age of 18, as the Labor Code prohibits them from working on a holiday.
• If Pentecost Monday does not correspond to the day of solidarity
If this solidarity day does not coincide with Pentecost Monday, your company can also choose to make you work, since this day is not automatically a holiday.
In this case, you will receive your usual salary without a supplement (except for a specific sectoral agreement or collective agreement).
But the employee can very well deposit an RTT or a day of paid leave, considering this day as a classic day worked.
Source: BFM TV
