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Is working on Pentecost Monday mandatory?
Pentecost Monday falls on May 28 this year. With the principle of the day of solidarity established since 2005, it is no longer a public holiday. So, whether it's a working day or not, here are the arrangements proposed to employers and employees.
Working on Pentecost Monday is not mandatory for everyone. Some adjustments have been made to the law of June 30, 2004, explains Alexandre Demeyere, lawyer at the Lille bar (Duel firm). The common idea is that this so-called day of solidarity in favor of the elderly and disabled – an extra day of work for employees and a financial contribution of 0.3% paid by employers – is necessarily set on Pentecost Monday. Many employees are preparing to work "in solidarity" this Monday, May 28, 2007. This overlooks the spirit of the law and especially the spirit of the circulars that were published following the dissatisfaction of those who prefer the month of June. Here’s what you need to know.
Forcing an employee to take a day off or paid leave on Pentecost Monday is only possible if there is a company agreement made with the union representatives or a branch agreement. In practice, employees take a day off at their own initiative, and to date, observes Alain Sutra, labor law attorney, there are no known disputes before the Labor Courts.
– The choice of another "solidarity" day other than Pentecost Monday is possible. “Indeed, the circular of December 16, 2004, regarding this law confirms the principle of fixing the day of solidarity by branch or company agreement, or, if applicable, by establishment agreement. It is only in the absence of a collective agreement that the day of solidarity is set for Pentecost Monday.”
– The day of solidarity can be split. “The circular of November 22, 2005 goes even further as it makes the splitting of the day of solidarity (which consists of seven hours) more accessible. The circular specifies that if the choice of the day of solidarity is determined by collective agreement, this splitting falls under the responsibility of the social partners who can, if they deem it useful, include it in the agreement. The only requirement set forth by the circular is that the splitting must be effective and correspond to a work of seven hours per year corresponding to the effort required in the name of national solidarity. Therefore, splitting is an interesting solution that can help to maintain the benefit of Pentecost Monday without sacrificing a whole day.”
- Another solution: the employer can also unilaterally decide to close the business that day, to give their employees the opportunity for an extended weekend. In this case, specifies Alain Sutra, in the absence of a company agreement as is the case in most small businesses, if the boss decides not to have their employees work on Pentecost Monday, that day becomes a public holiday and is paid. Additionally, they will have to pay their 0.3% contribution for the day of autonomy solidarity.
https://lentreprise.lexpress.fr/gestion-fiscalite/ For the employee, the day of solidarity takes the form of an additional day of unpaid work and for employers, a financial contribution of 0.30% on the total remuneration. Merchants and self-employed professionals are not affected. As a reminder, this day benefits the autonomy of the elderly and disabled…
https://www.francetelevisions.fr/ http://www.travail.gouv.fr/informations-pratiques/fiches-pratiques/duree-du-travail/journee-solidarite-1021.html?var_recherche=journ%E9e
See you later
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^^Marie^^
