► In Spain, common sense above all else
Spanish labor law does not have specific limits for stopping work in the event of hot weather for employees who work outdoors. “When exposure to the sun exceeds 40°C, it is scientifically known that there is a high probability of heat stroke, companies must all have a plan for the prevention of occupational risks including shaded areas provided or nearby , defined breaks and rotations, hydration too”, explains José de las Morenas, coordinator of the occupational health secretariat within the Workers’ Commissions union. The unions have received many requests and consultations in recent days in the face of the heat wave.
In a Spain accustomed to hot weather, labor law does not set precise limits except indoors, where the temperature must oscillate between 17 and 27 ° C for sedentary positions and between 14 and 25 ° C for jobs with a load. slightly larger physics. “It is a question of reacting with common sense, but it is obvious that climate change will modify working conditions”, specify José de las Morenas.
In the south of the country, for outdoor work, employees start earlier, at 6 a.m., and finish at 1 p.m. “In some sectors, we are asking to set up these schedules immediately, which usually start in mid-July”, assure José de las Morenas.
The only limit is that the occupational risk prevention standards require you to stop all activity if there is “an imminent risk” for the health of workers. During the summer of 2021, a company had to interrupt the construction of a motorway after union intervention, confirmed by the labor inspectorate, to avoid working under 44°C. “It is more difficult to intervene in small businesses where there may be more difficulties, where we are not present”, regrette José de las Morenas.
In France, the employer is the decision maker
In France, labor law makes no mention of high temperatures and does not provide for automatic work stoppage when the mercury rises. The assessment is left to the employer who, according to labor law, must “proceed in the red vigilance phase with a daily reassessment of the exposure risks for each of its employees”.
This assessment should be conducted “depending on the temperature and its evolution during the day, the nature of the work to be carried out, in particular outdoors and involving a physical load, and the state of health of the workers”.
“The employer is bound by an obligation of safety and results, explains Camille Fournier, labor lawyer. In the event of failure and voluntary endangerment of the employee, criminal proceedings may be initiated in the event of an accident. » In the event that no misfortune is to be deplored, “The employee can bring an action before the industrial tribunal if he considers that his health is in danger”. “In this case, the damages are calculated according to the damage, generally between one and six months’ salary”, says the lawyer.
However, the employee can take the initiative and exercise his right of withdrawal. In this case, he must justify the exercise of his right by “a serious and imminent danger to his life or health”. “The employer cannot sanction an employee or make deductions from wages if the latter has made legitimate use of the right of withdrawal”, indicates Camille Fournier.
In Germany, adaptation is king
In Germany, when it’s hot, employers have to adapt. Labor law states that the maximum temperature in offices must not exceed 26°C. Beyond that, and up to 30°C, the employer is encouraged to propose solutions so that his team can work in good conditions. Above 30°C, this incentive becomes an obligation. Using fans, closing blinds, providing cold drinks, the possibilities are numerous, as is putting non-essential and heat-generating devices, such as printers, on standby. As for professionals required to respect a special dress code (wearing a tie, or even a ban on wearing t-shirts with straps, for example), they are granted a certain freedom in the matter.
Above 35°C indoors, German labor law recognizes, on the other hand, an inability to work and obliges employers to find cooler workplaces or to adjust working hours. Otherwise, the employee may demand to return home, to “minimize health risks”. Nothing to do, therefore, with an absolute right to return home.
As for construction workers, gardeners or other professions working outdoors, they do not currently have any right to stop work, unlike neighboring Austria. Although German labor law does not mention any maximum temperature for them, employers must on the other hand ensure their “duty to help” by increasing the number of breaks or adjusting work schedules.