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Cold at work: do I have the right not to come to the office?

Although France will experience some very cold days, are employees protected from employers who do not adapt working conditions to these extreme temperatures?

The great cold falls on France. Although temperatures dropped to negative on Tuesday with a record -13°C recorded in Langres (Haute-Marne), employees can suffer at work in uncomfortable or unsafe conditions. But what are the rights of employees in these situations of extreme cold?

BFMTV takes stock with Valérie Duez-Ruff, labor lawyer.

What is the minimum temperature required?

There is no legal obligation in this regard. The National Institute for Research and Safety (INRS) in its recommendations speaks of “adequate temperature”. The latter depends on the type of activity:

In offices: 20 to 22°C

In the workshops (working standing): 16 to 18°C

In workshops (handling): 14 to 16°C

Can I dispute a temperature choice that is too low?

Employees can win their case if they feel the working conditions are uncomfortable.

However, the temperature in the office must be several degrees below the suitable conditions estimated by the INRS.

An employee can appeal to the inspection to have the non-compliance noted or to request staff representatives after a non-compliant temperature measurement.

What can I demand from my employer?

For employees who work in offices, the only requirement is that of temperature. Those who work outdoors, on the other hand, must be equipped.

Can I take action against my employer if I get sick?

For employees who must work outdoors, the employer can be held liable if he has not informed the employees and limited the risk factors by equipping and organizing working conditions at particularly low temperatures.

For employees who work in offices, on the other hand, there is little chance of winning the case.

Author: Frederic Bianchi
Source: BFM TV

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