The law of April 16, 2008 does not abolish the principle of the solidarity day but makes it more convenient as there can be "one" solidarity day free of choice.

-           Compensation of working day against statutory holiday except May 1

Companies can decide the solidarity day among all statutory holidays, including Whitsun Monday.

-           Working day versus RTT day (time compensation day).

Employees can decide to renounce to one RTT day, which gives more flexibility and a better distribution over the year

-           any other compensation of 7 hours working time, previously not worked

The solidarity can be accomplished by 7 hours overtime work

In case of absence of a collective agreement the organisation of the solidarity day shall be defined by the employer's unilateral decision, after consultation of the joint company committee or the employee representatives. 

As an exception, for the year 2008, for lack of a collective agreement, the employer can define by unilateral decision the organisation of accomplishment of the solidarity day, after consultation of the joint company committee or the employee representatives if such are in place.

Reminder for statutory obligation with respect to joint company committee and employee representatives

Article L 421 -1 of the French Labour Law specifies the obligation with respect to employee representatives if more than 11 employees have been employed over a 12 month period, consecutive or not, within the last 3 years.

Article L 431- 1 of the French Labour Law foresees the obligation to establish a joint company committee up from 50 employees inside the company.