Employee Rights and Employer Obligations During a Heat Wave in France

The France is in the grip of a significant heat wave, with temperatures expected around 40°C in various regions. Faced with these extreme conditions, the question inevitably arises of the consequences for the professional environment. But then, what do you need to know as an employee? And what should an employer do?

The employer is bound by a safety bond which obliges it to ensure the health and safety of its employees, whatever the weather conditions. Thus, when the heat wave alert is triggered (yellow, orange or red vigilance), various measures must be taken:

• Setting up of’staggered working hours (arrive and leave earlier),
• Organization of more frequent breaks and longer,
• Shutdown of electrical appliances non indispensables,
• Promotion you telework for activities allowing it,
• Distribution free soft drinks.

In addition, the employer must ensure that the air in the premises is continuously renewed and ventilated. If air conditioning is not an obligation, means of cooling such as fans or misters must be made available.

As for those working outside, the Labor Code imposes specific arrangements such as shaded areas or air-conditioned spaces. In construction, the supply of at least three liters of water per day is compulsory.

Nevertheless, despite these recommendations, voices are being raised for a reassessment of the standards of the Labor Code in the face of the intensification of heat waves. For Hadrien Clouet, LFI deputy, the introduction of mandatory breaks from 28°C and a reduction of working time from 34°C are necessary. A bill along these lines has also been tabled.

Concerning right of withdrawal, in the absence of a maximum temperature authorized by law, employees can still trigger it if they consider that their health is in danger. INRS considers that, for physical work, conditions greater than 28°C are dangerous.

The employer, for his part, cannot penalize an employee who has exercised his right of withdrawal because of the heat, nor withhold his salary. The adaptation of regulations in the face of global warming is under discussion, with a bill tabled on July 20, 2023 aimed at introducing regular breaks and the suspension of work in the event of extreme heat waves.

Discover your rights, stay informed, and do not hesitate to talk to your employer to guarantee your well-being and your safety at work during these heat episodes.