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6 May 2020

Employers, continue to protect the health of your employees when they leave containment!

State of health emergency against Covid-19 in force. The general obligation to safeguard the health and safety of employees must, now more than ever, be the subject of constant reflection within companies. The Code of the employer is required to take the necessary measures to ensure the safety of its employees. and the protection of employee health. The evolution of the risk assessment must be recorded in the single risk assessment document, which must be updated regularly to reflect changes in the health situation. This document will demonstrate the employer's compliance with its prevention obligations. We also advise you to send your employees a document, which may take the form of an internal memo of recommendations or a circular, outlining all the measures implemented within the company, as well as the preventative measures that employees themselves must adopt (strict social distancing and hygiene rules) to ensure the action plan is effective and efficient. To inform employees, this document should be displayed on the company premises. A support committee for employees may also be established, along with close collaboration with the... Occupational MedicineIn order to assess occupational risks related to COVID-19 transmission and implement appropriate measures, we invite you to refer to the occupational advice sheets and guides for the employees and employers set up by the Ministry of Labour. A practical sheet is dedicated to each sector of activity.
Cécile ZAKINE can help you and answer all your questions on the main impacts of the state of health emergency on employment law:
  • derogatory work stoppages 
  • the management of paid holidays and RTT
  • partial activity 
  • health, hygiene and safety at work.
Take care of yourself!
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Frequently asked questions

Quelles obligations l’employeur a-t-il pour protéger la santé des salariés à la sortie du confinement ?

L’employeur doit respecter les mesures sanitaires (distanciation, masques, gel) et mettre à jour le Document Unique d’Évaluation des Risques (DUER). Il doit également organiser le télétravail si possible et adapter les horaires pour limiter les contacts.

Puis-je refuser de retourner au travail si mon employeur ne respecte pas les règles sanitaires ?

Oui, vous pouvez exercer votre droit de retrait si vous estimez que votre santé est en danger grave et imminent. Cependant, cela doit être justifié et vous devez en informer immédiatement votre employeur ou le CSE.

Quels sont les délais pour mettre en place les mesures de protection après le confinement ?

Les mesures doivent être appliquées dès la reprise de l’activité. L’employeur a une obligation de résultat en matière de sécurité, donc aucun délai supplémentaire n’est accordé.

Que faire si mon employeur ne fournit pas de masques ou de gel hydroalcoolique ?

Vous pouvez alerter les représentants du personnel ou l’inspection du travail. En cas de carence, l’employeur engage sa responsabilité civile et pénale pour manquement à l’obligation de sécurité.

Combien coûte une consultation pour vérifier le respect des obligations sanitaires par mon employeur ?

Les honoraires varient selon la complexité. Une première consultation téléphonique est souvent facturée entre 150 et 300 € TTC. Contactez-nous pour un devis personnalisé.

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