Temperature at work and the right to withdraw: what does the law say?
In practice, the French Labor Code does not specify a precise temperature limit above which employees can exercise their right of withdrawal.
Nevertheless, if employees feel that working conditions are untenable, they are entitled to refer the matter to the delegation of the CSE (Comité Social et Économique), which since January 1, 2020 has taken over the occupational health and safety missions previously carried out by the CHSCT. The CSE assesses the risks associated with workplace accidents and occupational illnesses, and can refer complaints to the Labour Inspectorate.
Article L4121-1 of the French Labor Code also clearly states that, if the employer has not taken the necessary measures to deal with the situation, the employee is entitled to exercise his right to withdraw from work due to heat:
- or in the presence of symptoms of a serious pathology (headaches, unusual weakness, dizziness, malaise, disorientation, etc.).
- or if he has “reasonable cause to believe that the work situation presents a serious and imminent danger to his life or health”.
Effective air conditioning is therefore essential. It’s also worth remembering that, according to the French Labor Code, employers are obliged to ensure and protect workers’ physical and mental health.
