Work situation presenting a serious danger to the life or health of the employee, immediate risk or in the near future, individual or collective danger
Right of alert and right of withdrawal (its exercise must not create for others a new situation of serious and imminent danger)
Is the exercise of the right of withdrawal in the face of Covid-19 legitimate?
If the activity is authorized by the public authorities and all the necessary hygiene and sanitary measures have been put in place, the right of withdrawal could be considered illegitimate.
What activities are authorized by the public authorities?
- Not be an establishment open to the public and having a non-essential activity (list adopted by decree)
- Do not carry out an activity likely to be carried out remotely (teleworking, etc.)
What are the recommended health and hygiene measures?
- Inform employees of “barrier gestures” (frequent hand washing, keeping a respectable distance from others, etc.).
- Ensure compliance with these recommendations
- Provide employees with hygiene equipment (soap or hydroalcoholic gel, etc.); and, possibly, protective equipment depending on the sector (gloves, masks, etc.)
What are the consequences of exercising the right of withdrawal?
The right of withdrawal is legitimate
- No deduction from salary and no disciplinary sanction
- The employer cannot ask employees who have exercised their right of withdrawal to resume their activity in a work situation where the serious and imminent danger persists.
- The employer must take the necessary protective measures (teleworking, hygiene measures, etc.) to put an end to the danger
The right of withdrawal is illegitimate
- Notice to the employee to resume his activity
- Non-payment of salary during the period not worked
- Disciplinary action possible (but not recommended in exceptional circumstances)
