Pentecost Monday

rebelle13 Posted messages 3 Status Membre -
mry - 6 Jun 2012 at 13:16

Hello everyone.

This is quite an urgent message, I’m counting on you.

Everyone knows that Whit Monday is a day of solidarity for the elderly.

My employer wants me to work on May 8th to carry out the hours of solidarity while Whit Monday is my weekly day off
and how will the public holiday hours be accounted for?

Thank you all.

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20 réponses

Réponse 1 / 20

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sandydidou Posted messages 5 Status Membre 9

Good evening.
I have no knowledge of labor law but I think I was taken advantage of two years ago in the same way. I never worked on Mondays and I had to come in for an extra day. However, in the same company, other part-time employees like me never worked that extra day.
So make sure to inquire well, especially with union representatives. Good luck!

Réponse 2 / 20

^^Marie^^ Posted messages 41884 Registration date Status Membre Last intervention 3 280

Hi

We already discussed this...

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

--
^^Marie^^

leila

Hello, you seem to know a lot about this. I would like to know, please, if this day is deducted from the net salary or if my employer has to pay it to the state along with, for example, the charges or others... Thank you very much for your response.

Réponse 3 / 20

hercule

The Monday of Pentecost is a worked day that is unpaid.

In practice, you work without being paid, and your employer pays your salary for that day to the State.

For your situation, if you are on a 4/5 time schedule, your employer will pay for 4/5 of a day. Therefore, you do not have to pay for a full day without being compensated. He must pay you the remaining 1/5 in overtime.

If you do not work on Monday because it is a recovery day, then you must work an additional day and not be paid.

Réponse 4 / 20

carpe diem

Hello !!

This Pentecost Monday, I worked like a normal day, that is 8 hours... but we are only supposed to work 7 hours...
Will I be paid for the extra hours or not???

Réponse 5 / 20

remy76 Posted messages 2 Registration date Status Membre 195

Your boss owes you 1 hour! Unless you are an executive!

Indeed, for those who do not usually work on Mondays, they must work an extra day! It's normal, we are all in this together!

blux Posted messages 5003 Registration date Status Modérateur Last intervention 3 451

unless you are an executive!
executive on a flat-rate contract...

--
A+ Blux

 "Fools dare everything. It's even how we recognize them."

mry

Solidarity??? ....if you've worked your 35-hour week from Tuesday to Saturday (with Monday off), you've already fulfilled your day of solidarity. I don't see why those who don't work on Monday would work 35 hours plus one extra day if the others only do 35 hours. Isn't that illogical? It's just a way for the employer to steal a day, isn't it? And for those who usually work on Monday, they come in like it's a normal day, either working a 35-hour week or not coming in and giving a day of RTT. That's all!

Réponse 6 / 20

hoz4

Good evening, for the solidarity day, is the boss obliged
to deduct a day of leave from us?

Réponse 7 / 20

My employer wants us to work on Monday, May 12, 2008, meaning that May 12 will be the day of solidarity.
Is that possible?

yase

Hello, unfortunately yes for this year, the company can decide that the solidarity day remains on May 12. Is there a Works Council or a DUP that can inform you about this? If not, as I mentioned before, the labor inspection is always available to provide explanations.

Réponse 8 / 20

omarnice

Alors pourquoi dire ferrier quand ce n'est pas un ferrier ? C'est nul ça.
Si c'est solidarité, non alors c'est esclavage, j'appelle ça moi. Où a-t-on vu travailler sans salaire ? C'est quoi ça ?

Réponse 9 / 20

geronimette

What do you think of my situation: I usually work 16 hours a week, including 2 hours on Monday; in my company, the HR manager decided that those who do not usually work on Monday will not come to work, that full-time employees will come to work for 7 hours, just like a normal Monday, and that part-time employees will work one-fifth of the number of hours they work per week, which for me means working 3 hours and 12 minutes, or 1 hour and 12 minutes more than my contractual hours (those who do not work on Monday and full-timers will have a week similar to their contractual hours). Is this normal?

Réponse 10 / 20

teebo Posted messages 33570 Registration date Status Modérateur Last intervention 1 797

Hello everyone,

Stupid question, in case of a strike on Whit Monday, theoretically the salary shouldn't be cut, right? (or more precisely cut by 0€...)

--
Without politeness, we would only meet to fight.
So you either have to live alone or be polite.

Alphonse Karr

Réponse 11 / 20

as4314ut

Hello. I have a little problem; I didn't work yesterday, and my boss wants to deduct 14 hours from me, 7 for yesterday and 7 to make up for yesterday. Is this legal?

Réponse 12 / 20

Marie

Hello

While searching

http://www.gestiondelapaie.com/dotclear/index.php?2007/02/28/49-paie-lundi-de-pentecote-travail-obligatoirel

Bye

Réponse 13 / 20

OLIVIERCOX

If I work on Whit Monday 2008
since it is a public holiday, should it be paid at 150 percent?
Like any public holiday worked, and in this case only owe 3.5 hours to the state?

untoutseul05

There is a mistake: it is not a public holiday but a non-working day. Therefore, there is no extra pay.

Furthermore, to be confirmed: a public holiday is 200% not 150%.

For Pentecost Monday 2008, what I found on some websites (corresponding to economic newspapers or dealing with employer-employee relations):
- you come to work but you are not paid
or
- you don't come to work and you are on "mandatory RTT"
or
- you don't come to work but you owe 7 hours to your company to be done in addition to your "normal" hours"

It is the employer who would decide.

Réponse 14 / 20

liorick

Hello,

My employer has decided to close the company on Whit Monday, which has become a public holiday again. He wants us to work 7 hours on a Saturday in June. Can he force us to work on that Saturday when we will have already completed 35 hours of work for the week? Moreover, isn't it logical that any hours beyond 35 should be paid at a 25% increase? Also, the solidarity day cannot be remunerated under any circumstances.

Urgent response.... Thank you in advance.

audriasse

Hello,

By convention, branch, company or establishment agreement, it is possible to set another day than Pentecost Monday:

a previously non-working holiday other than May 1
a RTT day, in companies with a RTT agreement in the form of rest days
or a previously non-working day (for example a Saturday or a conventionally paid vacation day for companies granting more than 30 working days of annual leave)
Thus, this additional unpaid working day is unilaterally imposed on employees and the pay slips must include a specific additional line mentioning the work for this day of solidarity contribution.

Source: The official list of public holidays on Legifrance - Labor Code

So they can make you work a Saturday in June without pay increase.

G.D

Réponse 15 / 20

YASE

Hello, check out the website below; there are some well-explained things. Whatever happens, get help from the dup or the ce
http://www.travail-solidarite.gouv.fr/spip.php?page=article&id_article=1021

hoz4

Thank you for your help.

Réponse 16 / 20

al62

Hello

Still regarding the solidarity day
I alternate different schedules over 3 weeks
The solidarity day has been set for May 12, a day when I do not work since I work until Saturday
However, I learned today that I must come ... so I will work 42 hours that week while all my colleagues will work 35 hours...

Am I obligated to come? Can I make up the difference? And will these extra hours between 35 and 42 be compensated? (I am an employee).

THANK YOU URGENT

ZBEUL

Hello,
have you received an answer to your question because I am in a situation similar to yours. Today I completed the 7 hours of solidarity, but usually I only work 4 hours on Monday, which means that by the end of the week I will have worked 42 hours while my colleagues will have worked 38 hours. What happens to my extra 4 hours compared to them?

Réponse 17 / 20

sorglub

Hello,

I admit I'm a bit lost here.
Here's my situation: I have a fixed-term contract, employed by a municipality (therefore a civil servant status).
I can take unpaid leave days. If I take an unpaid leave day on Pentecost Monday, I won't be paid (that's normal).
If I come to work, I don't earn anything more but if I don't work, I lose 2 days?
Basically, if I don't work that day, do I lose something??
Thank you for your answers
(if my question is clear)

Réponse 18 / 20

remy76 Posted messages 2 Registration date Status Membre 195

The link that Yase shared earlier explains all of this well:

http://www.travail-solidarite.gouv.fr/spip.php?page=article&id_article=1021

The employer must essentially give back a day's work for the sake of solidarity. It is up to the employees to reach an agreement with their employer to make this day up.
Therefore, it can be decided to work on Pentecost Monday or another day!

Réponse 19 / 20

nessty

Hello, I was laid off at the end of March, and I was hired on May 19 in an accounting firm. They want to deduct a day of solidarity from me even though it was done on May 12. Is that legal?

Réponse 20 / 20

Jack

Hello,

In my case, Whit Monday has been reinstated as a public holiday, unpaid, and I have had the day deducted from my RTT balance. The day of solidarity was chosen by the employees and also deducted from the RTT balance. Is this normal?

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Pentecost Monday

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