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