- Since Sunday, the Louvre museum - which welcomes 30,000 visitors every day - has been closed. Because employees exercise their right of withdrawal.
- Gatherings of more than 5,000 people in a closed environment are prohibited with the exception of museums.
- Unlike the right to strike, the right to withdraw cannot be subject to disciplinary action or deduction of wages.
Closed until further notice. This Monday again, tourists and art lovers found the door closed in front of the Louvre. Since Sunday, museum employees who welcome 30,000 visitors daily have exercised their right of withdrawal, considering themselves threatened by the coronavirus epidemic. The unions have in particular recalled that the government now prohibits gatherings of more than 5,000 people in a closed environment, surprised that this measure concerns concerts but not museums.
What the law says ?
Article L4131-1 of the Labor Code authorizes any employee, whatever his activity, to cease his activity as soon as he has a "reasonable reason to believe" that a situation "presents a serious and imminent danger for his life or health ”. If no notice is required, the employer must be notified in advance and know precisely the reasons for this withdrawal. "The employee does not have to prove that he is in danger but only that a situation makes him potentially run this risk", specifies Me Eric Rocheblave, lawyer specializing in labor law. Clearly: it is the feeling of being in danger that prevails. However, at the Louvre, many employees work with tourists, some coming from risk areas.
The museum management ensures that all the measures recommended are "implemented in order to protect the agents and visitors following the transition to stage 2 of the situation", including in particular the "fortnight" of people returning from risk areas. However, it disputes the position of the employees, insisting that no prefectural decree has been issued. “The authorities, Minister of Culture and Ministry of Health, have reminded that the closing of the Louvre is not necessary. The Louvre implements all the procedures that are transmitted to us, "said Maxence Langlois-Berthelot, general administrator of the Louvre museum, in a statement read this Monday to journalists.
How long can they exercise this right of withdrawal?
This provision is not limited in time. "As long as they believe that their company has not taken the necessary measures to protect them, they can assert the right of withdrawal," insists the council, recalling that the company is responsible for the health and safety of his employees. At the Louvre, the unions are notably asking for the large-scale availability of hydroalcoholic gel or the return of the windows separating the cashiers from the public. The fact remains that the coronavirus is very recent, the authorities have so far had little perspective on the spread of this epidemic. Proof of this is, the recommendations are evolving: since Friday, handshakes are not recommended.
What do employees risk?
Unlike the right to strike, the right to withdraw cannot be subject to disciplinary action or deduction of wages. On the other hand, if the employer considers that his employees are abusing it, he can seize a prud'homal judge who will assess the situation. If the latter actually finds an abuse, the employee risks a deduction from wages or a sanction up to dismissal. “The right of withdrawal is individual, each situation is different, notes Eric Rocheblave. The situation of the employee of the souvenir shop, in constant contact with tourists, will be different from that of the accountant. Conversely, if he considers that the company has not taken all the necessary measures, it could be condemned.
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- Louvre Museum
- Society
- coronavirus
- Paris
- Employees