HEALTH AND SAFETY COMMITMENT AT THE TIME OF COVID-19
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| Health and Safe Covid-19 |
I. A brief summary of the Sanitary Protocol.
Company Within the company, Covid 19 must be the coordinator (for small businesses, this can be an expert legal representative). In any case, it must be identified by all employees. Responsibility: To ensure that employees avoid contamination, the company guarantees strict implementation of the measures implemented within the company.
Where possible, remote work is essential (an activity that does not require an effective employee presence at the workplace to lead to the implementation of remote work). For employees with health problems, it is also important to work remotely, if possible:
In short remote, easy remote work is 100% mandatory for employees who can work easily from home.
Remote work can be arranged at employees 50 at, for employees who still have contractual responsibilities that cannot be done remotely.
Long-distance work is especially recommended for workers with health problems that could potentially lead to a dangerous form of Covid 19 infection (a list of infected diseases is published by interpretation). ۔
remote When remote work is not possible (such as for food vendors, pharmacies, etc.), if a surgical mask must be provided (and replaced every 4 hours), all workers should be reminded that Hands are washed regularly (especially through displays, or emails) and workspaces need to be redesigned to avoid open spaces or flex offices (where possible). To avoid rush hour on public transport, roster flattening may also be suggested to employees.
National occupational health services can help implement such measures (which can be established in your "Comprehensive Risk Assessment Inventory").
II. Health and Safety Obligations.
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| Stay Safe |
Employers must ensure the health and safety of their employees through preventive, information, and educational measures. They must also assess the occupational risks in each workplace. These risks are documented in a document ("Comprehensive Risk Assessment Inventory"). Employers may be held liable under civil and/or criminal law in the event of non-compliance with this obligation.
The sanitary protocol we have summarized above is not legally binding as it is a recommendation from the government. However, these guidelines will help employers to cope with this outbreak and prevent workers from becoming infected in the workplace. Accordingly, the application of this protocol assists the employer to fulfill their health and safety obligations to their employees.
In other words, if employers fail to comply with these guidelines, they run the risk of not complying with their mandatory health and safety obligations.
In case of infection in the workplace, the employee can acknowledge the termination of his employment contract due to a gross error by the employer, who has not implemented the measures recommended by the government in the company. An employee can file a claim with a labor court to try to get compensation.
In addition, exposing an employee to an identified risk (e.g. Covid-19) without taking the necessary preventive measures is a violation of the obligation to ensure a safe outcome. A commitment to safety is a commitment to a result, and the simple fact that that result is not achieved is enough to take responsibility. Employees could also film a lawsuit in civil court and sue their employers for unforgivable misconduct.
In principle, employees can claim compensation based on the following injuries:
Psychosocial risks (an anxiety-depressive syndrome in employees who work remotely due to loneliness and isolation, fear of infection),
Lack of on-site measures to clean work areas and provide surgical masks and aqueous-alcoholic solutions.
We strongly recommend that you use the remote work option whenever possible.
III. Remote Working.
The execution of remote works, during the Covid-19 outbreak, does not require any specific formalism (no employment contract or modification required).
If your company has Chosen Personal Representatives (CSEs), it is still advisable to consult them before making a decision.
Due to the exceptional circumstances, remote work is mandatory for all employees who could carry out their mission at home, without having to be present. Employers must provide an exhaustive list of employees who must be present on site.
The hygiene protocol clearly established a rule during the Covid 19 crisis: the only workers working on site are those who could not carry out their missions remotely i.e. notebooks, delivery men, handlers, supermarkets, staff shelf, nurses, etc.
Shops not labeled "necessary for the nation" by the government will be closed during the blockade. All employees must be partially unemployed (chomage partiel).
