Headaches to fatigue, including dehydration, the heat transforms each task into an ordeal. And if companies cannot order the weather, they have very specific responsibilities. Right to telework? Back conditioning “? District holder? Is that what the law says … and what you can do to breathe a little.
Legal obligations of employers in the event of high heat
In France, no maximum temperature threshold is written black on white in the labor code. But that does not mean that employees must accept everything. According to article L4121-1, the employer has the obligation to take “The measures necessary to ensure safety and protect the physical and mental health of workers”.
In fact, this translates into concrete developments:
- Provision ofDrinking and fresh water in sufficient quantity;
- Ventilation or air conditioning premises, with obligation to renew the air;
- Limitation of the air conditioning temperature to 26 ° C minimum (Decree n ° 2007-363 of March 19, 2007), to avoid energy overconsumption;
- Schedules (arrived earlier, longer breaks), but without legal obligation to offer it.
THE Ministry of Labor also recommends encourage teleworkwhen possible. However, a refusal of development or telework is not illegal, as long as the company complies with its minimum obligations.
Can we assert a right of withdrawal because of the heat?
This is the ultimate card, but it should be used with caution. According to article L4131-1 of the Labor Code, Any employee can leave his post if he considers to run a “serious and imminent danger” for his health. But beware: Heat alone is not enough to automatically justify this right.
According to theInrsthe risks become serious:
- from 28 ° C for physical activity;
- beyond 30 ° C for a sedentary activity.
The use of the right of withdrawal must therefore rely on a concrete situation : absence of ventilation, extreme temperature, no water available, etc. Otherwise, you risk a return of stick from your hierarchy.
Dress, risky professions and tips to survive heat
Can we come in shorts or taps to the office? The law does not prohibit it. Article L1121-1 of the Labor Code claims that Freedom of clothing is a rightunless a specific outfit is imposed for security or image reasons. Clearly, as long as you respect the framework of your profession, you are free … but at your own risk!
For outdoor trades – construction, interview, green spaces – the employer’s obligations are even more strict:
- Minimum 3 liters of fresh water per day and per employee;
- Provision of a suitable rest place;
- Compatible work clothes with heat;
- Possibility to adjust the schedules, or even to interrupt the site if necessary.
For all the others, some tips are essential:
- Favor loose clothing,, In linen or hempand light colors;
- Stay hydrated, in small sips throughout the day;
- Avoid prolonged physical efforts during the hottest hours;
- Wet the neck and wrists regularly.
Even without a heat wave in the office, it is always possible to improvise a freshness break at the coffee machine – especially if it is next to the air conditioning.