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Coronavirus: “A colleague may have been infected. Can I exercise my right of withdrawal? "

2020-03-29T08:33:24.700Z

The Ministry of Labor is categorical: the right of withdrawal is only valid if the employer has not ensured the safety of his employee.



Every day, Le Parisien takes action to answer your questions about the coronavirus. We are looking today at that of Mélanie who wonders if she can exercise her right of withdrawal, when one of her colleagues, potentially contaminated, came to work for several days.

"The son of my colleague is in quarantine after having rubbed shoulders with an infected person," she rewinds. My colleague came to the factory without saying anything and did not reveal the situation until three days later. My boss sent him home, but didn't shut down the factory. Is this normal? Do I have the right to request my withdrawal? "

Contacted by Le Parisien, the Ministry of Labor believes that "the factory must not close" once one of the employees has been contaminated - or is suspected of being. "Economic activity must continue to turn," he says. If the position is not teleworkable, you must continue to work. "

On the other hand, it is necessary to make sure that the employer has indeed put in place all the measures allowing to respect the barrier gestures. For example, with the introduction of distances of one meter to respect between employees, or that of additional break time to allow regular disinfection of the hands.

If this is not the case, the right of withdrawal can be exercised. The department recalls that this is an “individual” right valid when the employee is “in danger”. Employees whose employers refuse to telework when it is possible can also exercise this right.

You can ask us all your questions about coronavirus by filling out our form or directly at coronavirus@leparisien.fr. Find all the answers previously published on our dedicated page.

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Source: leparis

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