2024-07-30 04:47:13
Hours, uniform, right of withdrawal… Le Figaro take stock of what workers have the right to do, or not, as France goes through a heat wave this week.
Watch out for hot weather this week. France is currently going through a new warm event which affects all regions from south to north, passing through Paris where many athletes and volunteers participate in the Olympics: what are the rights and duties of workers and employers in these situations?
Employer contracts
“The employer takes the necessary measures to ensure the safety and protect the physical and mental health of the employees”, specific article L4121-1 of the Labor Code. You must “put the system in place and mean according to the events of high heat”as recalled by the Ministry of Labor, in a note published on its site and updated on Monday.
The employer must specify “make the wind” in closed premises, “Let there be fresh drinking water”. However “The law does not provide for a temperature above which an employee may resign”underlines the CFDT on its website.
Uniform, right to leave, working hours: what can workers do?
The Ministry of Labor recommends that workers“Take simple actions” to limit the effects of heat and invite them, among other things, to “always drink” some water, “protect yourself from the sun”, “adjust work speed” or “wear light clothing that wicks away sweat”. Be careful, however, with clothes that are too bright: the employer may impose restrictions, as Me Diane Reboursier, a social law lawyer, explained to AFP. For example, “If the worker has safety shoes, then he will not be able to wear flip-flops”.
Finally, if the employee is focused “Serious and imminent danger” for your life or your health, you have the right to exercise your right of withdrawal by leaving your position, after having informed your employer. The latter cannot ask the employee to return to work as long as this risk exists, and no sanction or withholding of wages can be applied.
What to do when you work outside?
In the construction sector, the company must “provide a lounge that suits the weather conditions or set the scene” to enable the organization to limit, provide “at least three liters of fresh drinking water per day and per worker”, indicates the Ministry of Labor. In the event of a red alert issued by Météo France, you can “Edit activity schedule” etc “work force”even “decided to stop working” – for example for roof protection or roofing work, handling of heavy loads repeatedly.
A law, published on May 28, thus recognizes the heat wave as a reason for technical unemployment for industrial workers and opens the way to compensation in the event of work stoppage, but only if the heat wave takes longer more than two days.
Read againHeat and the Olympics: faced with extreme heat, SNCF and RATP are planning water distribution and prevention messages
The 2024 Olympic Games: do athletes and volunteers have rights?
“Volunteers are subject to requirements relating to the association’s constitution” and not labor law, noted Denis Gravouil, member of the CGT confederal office. “They are not employees within the meaning of the Labor Code”many Me Reboursier, and those who therefore are not “no right of withdrawal”.
Regarding athletes, it is necessary to make a difference “Army Athletes Hired, Postal Service…”those who have overalls “employment contract with employer” and be “Look for a Federal” during the Olympics, others who are without a contract, point to the head of the CGT.
“It’s a bit of a mess”judge Denis Gravouil, who wonder if “in theory, employed athletes can exercise the right of withdrawal”. During the Games, “Athletes rely on the Organizing Committee who have made arrangements to ensure their health and safety. Not from their union or employer”Believe Me Diane Reboursier.
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