Anna Milleret-Godet is a court lawyer, specialized in social issues and practices at Cohen & Gresser LLP. Currently in the countryside with the family in the countryside, she informs her corporate clients at a distance about the layoffs of partial unemployment and also about the retirement rights exercised by their employees.
Read also: Faced with coronavirus, is the exercise of the right of withdrawal always justified?
LE FIGARO.- In what specific circumstances does the right of withdrawal apply?
Anna MILLERET-GODET.- An employee can exercise his right of withdrawal as soon as there is a reasonable reason to believe that a work situation presents a serious and imminent danger to his life or his health. The legitimacy of the exercise of the right of withdrawal is assessed on a case-by-case basis according to many criteria (in particular the state of health of the employee who can be more fragile than another for example). In the current context, the mere potential exposure to the virus can actually be a real risk of contamination.
Do employees, in the current situation, abuse it?
I especially believe
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