While temperatures are expected to be well above seasonal averages during the month of May, working conditions will be difficult for some due to the high temperatures. But can we not come to work during a heat wave?
Summer is not here yet, but France is overwhelmed by the heat. Since the beginning of May, the country has indeed been going through a heat wave due to a hot air dome that extends from the Iberian Peninsula and spreads across Europe. Thus, in the week of May 16, 2022, temperatures will reach 25 to 32 degrees in some regions, 8 to 10 degrees above seasonal averages. An episode of heat wave which raises questions in the world of work, as some jobs are difficult to perform during high temperatures. But can we not go to work when it’s too hot?
The answer is no. The law does not provide for any provision that allows employees not to go to work when the temperatures are too high. The Labor Code does not mention a maximum temperature from which it would be prohibited to work, thus obliging employees to go to work even in periods of high heat. Nevertheless, an exception exists : if the employee considers that because of the heat he is in serious and imminent danger to his healthhe can exercise your right of withdrawalspecifies the site legalwork.com.
What obligations for the employer?
In addition, it should be noted that in the event of strong heat the employer has certain obligations to respect. If basic it must guarantee the safety and the physical and mental health of its employees at work, it must also ensure in the closed spaces that the air is renewed and ventilated in order to avoid the rises in temperature. Whether the employee works indoors or outdoors, and whatever the temperature, he must also have fresh drinking water at his disposal. The National Research and Safety Institute for the Prevention of Workplace Accidents and Occupational Diseases (INRS) recommends in particular, in the event of high temperatures, the punctual shifting of working hours, namely arriving earlier and leaving earlier. A limit on the pace of work, a shutdown of electrical devices that are not essential and an increase in the frequency of breaks are also recommended.