This is a question that many employees will ask themselves in the coming hours, while the thermometer will continue to rise to reach or even exceed 40°C in the shade.
Can we not work because of the heat?
In fact, it all depends on the working conditions and its own form.
Nothing in the Labor Code says that heat waves or high temperatures can exempt an employee from work.
“But if you go to see the occupational doctor or the attending physician and he goes in this direction, then he can decide on sick leave”, explains to the Parisian Éric Rocheblave, lawyer, specialist in labor law.
An employee can however use his right of withdrawal.
Any employee has it, but he must justify a serious and imminent danger.
“It is enough to estimate that the working conditions endanger his state of health”, explains Éric Rocheblave.
“This remains limited to extreme cases and it is preferable to warn your employer beforehand to improve working conditions”, notes however Diane Reboursier, lawyer specializing in social law.
This right of withdrawal, which does not give rise to a loss of salary, can obviously be challenged by the company.
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Some companies, especially those in the construction industry where employees work outside, can in some cases arrange working hours to allow their employees to work at cooler times.
What sometimes upset the organization of employees ... who can not oppose it.
“The employer has management power when it comes to the protection of
employees
, explains Éric Rocheblave.
But it obviously has to be within reason;
you cannot switch from daytime to nighttime hours.
»
The construction trades also have stricter regulations on the subject.
“For example, it obliges the employer to provide 3 liters of water a day,” explains Sandra Gallissot, specialist in labor law, based in Aix-en-Provence.
Beyond the development of schedules, “it can go as far as the stoppage of the site for bad weather.
We often think of it because of winter weather, rain or snow, but it is also valid for heat waves.
»
Telework that must adapt
It is also possible, as recommended by the Ministry of the Economy, to promote teleworking in periods of high heat.
“Some companies have even integrated this possibility of a heat wave into their agreements,” notes Diane Reboursier.
Are particularly concerned the people who are fragile vis-a-vis the heat, like the pregnant women, or others suffering from certain pathologies.
The reverse is also true.
"By working at home, an employee may find himself less well protected from temperature variations than if he came to the office in an air-conditioned or better ventilated environment", notes Sandra Gallissot.
“In certain situations, one can imagine that the employer is receptive to requests from his employees asking to return to face-to-face.
It is also possible that the employer will have to deal with special requests for the layout of the teleworking space.
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