In the summer of 2003, the heat wave hit the France and caused the death of nearly 15,000 people. Mainly elderly people. This murderous episode inspired Jean-Pierre Raffarin, then Prime Minister, to take a symbolic measure to finance support projects for the elderly or people with disabilities. It proposes to create a "day of solidarity".
The law establishing it was finally promulgated on 1 July 2004. "It takes the form of an additional day of unpaid work for employees and the contribution of employers to finance the autonomy of the elderly and people with disabilities," it is written in the Official Journal.
Initially, it is planned that the date of this working day, which must be other than 1 May, will be determined by "an agreement, a branch agreement or a company agreement". In the absence of agreement, it was Whit Monday, hitherto a public holiday and non-working day, which was worked. Since 2008, the reference to Whit Monday has been removed and this holiday has become a holiday again.
What are the modalities of the day of solidarity?
The modalities for carrying out the solidarity day are fixed by a collective agreement or by decision of the employer. In the case of an agreement, it may provide for different scenarios: either employees work on a public holiday previously non-working (excluding 1 May), or they work on a day of rest, or any other modality allowing work during 7 hours that were not previously worked. Thus, in some cases, the agreement may provide for splitting this day into hours – as long as the total represents 7 hours in the year.
If no collective agreement is drawn up, it is the employer who decides on the modalities for completing the solidarity day, after consulting the works council or, failing that, the staff representatives if they exist.
Regarding the date of this day, whether it is set by a collective agreement or by the decision of the employer, "it may be different for each employee of the company, when it works continuously or is open every day of the year," says the Ministry of Labor. However, in Moselle, Haut-Rhin and Bas-Rhin, certain dates are totally excluded: "neither the first and second day of Christmas nor, regardless of the presence of a Protestant church or a mixed church in the communes, Good Friday".
See alsoWhat language did Jesus speak?
What are the consequences for remuneration?
The solidarity day is unpaid. However, this is within the limit of 7 hours of work per day (3.5 hours for part-time workers). Beyond that, overtime is paid normally.
For employees who are not paid monthly, the situation is different. Like the others, they will have to work an extra day, but they will be paid normally for it. However, if the date of the solidarity day falls on a previously non-working holiday, "any increase in salary (or compensatory rest) provided for by agreement or collective agreement for the work of public holidays will not apply," says the Ministry of Labor.
How does Solidarity Day make money?
This day being unpaid, the employer wins. In return, the latter must pay 0.3% of the payroll of his company to the National Solidarity Fund for Autonomy: this is the contribution solidarity autonomy (CSA).
Since 2013, pensioners and people with disabilities who pay income tax have also contributed to the financing of dependency. They contribute 0.3% of their pensions by paying the additional contribution on economic solidarity (CASA).
Finally, the revenues of the CSA and CASA are managed by the National Solidarity Fund for Autonomy (CNSA). "In 2023, the revenues of the solidarity day should be 3.2 billion euros," according to the CNSA.
How is the money collected redistributed?
Of all the money collected through the solidarity day, most of it is directed to the elderly and people with disabilities.
With regard to support for the elderly, part of the revenue from this day worked but not paid falls directly into the hands of the departmental councils, which are responsible for paying the personalized autonomy allowance (Apa). Another part is allocated to medico-social institutions and services open to the public.
With regard to disability, the departments also recover a large part of the money, which is used to finance the disability compensation benefit (PCH) and the departmental homes for disabled people (MDPH). The rest is directly directed to establishments that welcome people with disabilities.
A smaller part of the 3 billion euros collected on the occasion of the day of solidarity makes it possible to finance APA at home, the support of caregivers, actions to prevent the loss of autonomy, or the rehabilitation of housing homes.
This article was originally written on May 20, 2018 and updated on May 29, 2023.