While 20% of the working population worked in April from home, while 9 million French people benefited from partial unemployment, the French are preparing to gradually return to the office, from May 11. On Sunday, the Ministry of Labor published a deconfinement protocol for all companies. Rule number 1: wherever possible, teleworking should still be privileged.
When the presence of employees is necessary, the employer must guarantee each employee a space of at least 4 square meters, at the office, in the corridors or in the cafeteria. The government also imposes daily disinfection, even several times a day, of doorknobs, switches, keyboards, stair railings. In the event of non-compliance with these measures, employers will incur civil and criminal liability. And if an employer is unable to provide health guarantees to its employees, and telework is impossible, the partial unemployment scheme may, on a case-by-case basis, still be required for certain companies, or only for certain positions . Its scope will however be very limited beyond June 1.
To help you see more clearly, our legal expert, Roland Pérez, answered questions from listeners from Europe 1 on Tuesday.
Julian's question
Can my employer force me to stop teleworking to return to my workplace?
Roland Pérez's response
Yes. As much as he can impose it, he can stop it. If everything has been put in place, in particular with union organizations, to guarantee the health and safety of employees, an employee cannot demand to remain teleworked. Except of course if it is a vulnerable person, or if he lives with a vulnerable person.
However, for the time being, the government is encouraging businesses to keep the telework system in good condition for at least three weeks, when possible. We can also imagine alternative systems, with part-time teleworking, or alternating between employees.
Fabien's question
I am the boss of a small box, I have 15 employees but not the space to accommodate them according to the rules of the department. Are there any exemptions?
Roland Pérez's response
When social distancing is not possible, the employer must give priority to means of individual protection. If the 4 square meter rule cannot be applied, wearing a mask is compulsory and the employer must provide it.
The employer is not bound by an obligation of result, but of reinforced means. It is not its responsibility to guarantee its employees the absence of any exposure: it cannot, in the middle of a pandemic. On the other hand, he must assess and avoid risks as much as possible by taking all the necessary measures to protect employees.
Nicolas' question
Who can I contact if my employer does not respect the health protocol?
Roland Pérez's response
The protocol is neither a law nor an ordinance. Apart from corporate responsibility, it does not include any sanctions. In the event of non-compliance, the Labor Inspectorate is however mobilized to collect complaints and claims from employees. The occupational physicians are also there to listen to their complaints.
The Labor Inspectorate cannot, however, be contacted as a precaution, to verify that a company has implemented all the measures of the protocol before bringing its employees back. It must be kept in mind that no company has any interest in bringing its employees back without protecting them: if they fall ill, it will find itself without a living force to work.