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CFTC v. State, Ordonnance rendue par Conseil d'Etat, n° 279999, 3 mai 2005

Facts: Pursuant to article L. 521-2 of the Administrative JusticeCode, the applicant CFTC (Confédération Française des TravailleursChrétiens), the Trade Union for Chirtian employees, asked theConseil d'Etat to move the Day for Solidarity set on the WhitMonday by the decree of December 15, 2004 and the decree of theEmployment Minister of April 20, 2005.

Complaint: The applicant claimed that the decrees in so doing employees would not be able to refuse the supplementary seven hours not worked on that day without being subject to disciplinary sanctions, which violated the principle of equality before the law, the right to private life, and the right to freedom of religion and association.

Holding: the Conseil d'Etat rejected the claim of the CFTC.

Reasoning: under articles L. 222-1 and L. 222-5 of the French Labor Code, the Whit Monday was a legal holiday but people can work on that day. The Law creating the Day of Solidarity was instituted to finance all the measures in favor of the elderly and the disabled. That Day is one supplementary day of work unpaid. A convention can set the date of that day at any time. Without such a convention, the date of the Day for Solicarity will be set on the Whit Monday. The date was therefore not set automatically on the Whit Monday and the effect of the decrees was only to modify the time work. Accordingly, the decrees did not violate any rights of the employees.

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