In France, the Whit Monday remained simple a Bank holiday (law of the March 8th 1886) without another characteristic until in 2004. At this point in time the government of the Prime Minister Jean-Pierre Raffarin, following the Heat wave of 2003 which resulted in the death of approximately: 15000  people, made the decision to make some one day of Travail not paid called Journée of solidarity towards the elderly .

The Council of State nevertheless reaffirmed on May 3rd, 2005 the non-working character of this Whit Monday although he from now on is worked by solidarity. Moreover, each company is free to choose another date of application or to distribute this day with its manner with length of the year.

Initial objective

Part of the incomes of this day being intended to finance the actions in favor of the Elderly, in particular the prevention of the risks related to a news Heat wave. In practice, the companies pay an additional levy gross corresponding to the one day value of Salaire, without load. The results quantified or considered obtained lend to discussion. The Prime Minister Dominique de Villepin considered to be them satisfactory, declaring on June 1st, 2006 that the benefit drawn from this day as regards solidarity were “incalculable”.

Solidarity in figures

The employer pays 0,30  exactly; % of the gross salary under the employer costs. This sum approaches the net salary to pay for one day. The employer does not have a load to pay for this worked day (since there is no net salary in more). He thus profits from a day worked in more with half price, and benefit of this day. Once annualized, this day corresponds roughly (by supposing a rate of employer costs of 50%):
  • for the employee, with an increase in the working time of 0,44  %, i.e. a fall of the hourly salary of 0,43  %.
  • for the employer, with a fall from approximately 0,23% of hourly rate.
The difference between the two (0,43 and 0,23), is 0,20% of hourly rate loads included/understood being for the benefit of the State.

Application of the day of solidarity

In 2007 the possibility was left choose the date of this day of solidarity. In the public office, it took place the Whit Monday itself for 27% of the employees, against 52% in deprived and 61% for the people on their account (craftsmen, farmers, tradesmen, heads of undertaking).

Consequences

The consequences can vary from one company to another, according to the negotiated agreements, and of the health of the company. The situation is not advantageous any more in the case of a company which does not manage to sell more, or of a company which offers the day to its employees.

Many criticize this decision: to see the very active CAL in particular (Collective of the Friends of Monday). The Council of State was seized but he did not regard this suppression as illegal.

Managements and labor (trade unions and employers) who agree can choose another bank holiday. Certain companies decided to offer this day to their personnel. Others chose to require of the employees to work a few minutes in more each day in the place of the Whit Monday (it is the case in particular of the the SNCF which requires 7  working hour additional over one year, which corresponds mathematically to 1,82  min of additional work per day, in fact divided into twice 3  h  30).

The Monday the 16th May 2005, the first Whit Monday worked was marked by many strikes. The following year the day of solidarity was thus left with the free choice of the companies. The Whit Monday remains nevertheless suggested: there remains supposed “non-working but not been unemployed” by defect.

Point of view of the employers' federations:

  • the MEDEF is in favor of work this day there. In 2006, Laurence Parisot, judge “very well” that this Monday is worked; she judges that the State gives “the bad example” by closing the schools and the stations;
  • for CGPME, the Whit Monday “will create an inequality between the administrations, the large companies on the one hand, and the PME/TPE on the other hand, these last being in the material incapacity to deal with the payment of these contributions and “to offer” this day to their employees.

Point of view of wage earners associations:

  • for the CFTC, “a work without remuneration corresponds to obligatory or forced work”;
  • for the CFDT, “there will be strikes of paid which refuse to work this day. They are right to be opposed to it”, declared Francois Chereque, because they are “especially the employees of the small companies and the trade” which will work Monday, whereas, “in much of places, the large companies, the administrations succeeded in negotiating a maintenance of the Whit Monday”.

See too

References

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