© - ATH all rights reserved - Edition 2024 61 2024 EMPLOYER’S GUIDE PAYMENT FOR PUBLIC HOLIDAYS If the public holiday is non- worked, there is no loss of salary (basic salary and additional salary payments) for employees who have been working for the company for at least three months (including for seasonal workers). If the public holiday is worked, employees do not benefit from any additional pay, unless there are more avourable provisions. However, if the statutory working hours are exceeded, employees benefit from extra pay for overtime. Hours recovered for a link day are normal working hours worked at a later date ; they are paid at the normal rate without an increase. There is no maintenance of salary for non-worked public holidays for home workers and temporary workers. THE SPECIAL CASE OF 1 MAY With some exceptions, the 1 May is a compulsory day off for all employees and there is no loss of salary. The basic salary and all additional amounts must be maintained (overtime, variable part of salary, bonuses and so on). Working on 1 May is only possible for businesses and services that have to continue operating. • Employees working on 1 May are entitled, in addition to their usual salary, to an allowance equivalent to this salary, • Collective agreements may also provide for a day-off in lieu. Failure to comply with the obligations relating to 1 May is penalised by a category 4 fine (amount page 85), times by the number of employees involved). PUBLIC HOLIDAYS AND PAID HOLIDAYS When a public holiday falls during paid leave : • If it is a working day that is not worked in the company, it is not taken into account as paid leave, • If it is a working day worked in the company, it is counted as paid holiday. Ask us about the impact of a public holiday if paid leave is calculated in working days. SOLIDARITY DAY (« JOURNÉE DE SOLIDARITÉ ») The solidarity day was introduced to fund initiatives aimed at promoting the autonomy of elderly or disabled persons. It is an additional day of unpaid work for employees. The solidarity day can be scheduled on : • A public holiday, previously non-worked, other than 1 May, • Or according to any other method by which the 7 hours previously not worked can be worked. The terms applicable to working on the solidarity day are determined by company agreement or otherwise by sector agreement. If there is no collective agreement, they are determined by the employer, after consulting the social and economic committee, if there is one.
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