The week that begins will probably be the hottest of the summer. Five departments were placed on orange heat wave alert on Monday by Météo France, which predicts a gradual spread of the heat wave to much of the rest of the country in the coming days.
In some departments, the mercury could rise to 38°C. What put organizations to the test. Under these conditions, can a worker who carries out his activity in the interior refuse to go to his workplace and ask his employer, when possible, to telework?
“Normally, you have to adhere to what is established in the applicable collective agreement in the company or the teleworking policy implemented by the employer. Perhaps these agreements or these internal policies provide for exceptional situations, it is usually the case, and this may be part of an exceptional situation, ”explained Thierry, Meillat, associate lawyer at Horgan Lovells, in July at BFM Business.
heat wave plan
Faced with these increasingly frequent heat waves, the government has developed a national plan that dictates the behavior to adopt at work in the event of a heat wave. Ce plan jointly with the employer, responsible for the health and safety of the employees, to take, if possible, the precautions to reorganize the time of work au sein de l’entreprise, notamment en ayant advantage recours au teletravail, “lorsque cela it’s possible”.
All the precautionary measures recommended by the heat wave plan must also be intensified in case of red surveillance “to guarantee the safety of workers”, explains the Ministry of Labor. “Regarding teleworking, its implementation must be reconsidered, with special attention to pregnant women, people with chronic pathologies or disabilities, etc.”, he adds.
The fact remains that if it is clearly recommended, teleworking in very hot periods does not seem at any time that it can be imposed by either the employer or the worker. On the other hand, an employee who is denied teleworking and who considers that it is in danger to his health could always exercise his right of withdrawal.
“Teleworking is not necessarily a panacea”
Thierry Meillat recalls, however, that in the event of a heat wave, “it may not be better to be at home”. In fact, “not everyone has a garden or air conditioning, so be careful, teleworking is not necessarily a panacea.”
Certainly, the employee who telecommutes does not have to prove that his home is more secure than the company premises, but the employer, who remains responsible for his employee’s safety despite everything, theoretically has the right to control the conditions for practice teleworking.
It’s hard to imagine a business manager knocking on a telecommuter’s door to make sure their home is heat-safe. Especially since this control must be carried out in conditions that guarantee respect for privacy. This is what makes the issue of telecommuting particularly complex here. “There is a theme,” says Thierry Meillat.
Source: BFM TV
