Every day, coronavirus disease “nCoV-2019” outbreak is getting bigger, the national territory as a whole is now affected, with several so-called “cluster” areas.
How to respect its obligations without giving in to panic, to adapt its activity and organization, to limit the negative consequences for the company, to deal with suspected or even proven cases among its staff, what would be the impact of the transition to “stage 3” presented as imminent, the questions that employers must answer on a daily basis are numerous and the answers are constantly changing.
The employer has a safety obligation towards the employees and must take all measures to ensure their safety and protect their physical and mental health.
Article L. 4121-1 of the Labor Code: « The employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers.
These measures include:
The employer shall ensure that these measures are adapted to take into account changing circumstances and aim at improving existing situations. »
The employer can be held liable in the event of a suspected or realized risk, unless he is able to demonstrate that the necessary preventive measures have been taken to avoid it.
For their part, employees must comply with their employer’s guidelines and respect the health requirements given to them.
Article L. 4122-1 of the Labor Code: « In accordance with the instructions given to him/her by the employer, it is the duty of each employee to take care, in accordance with his/her training and according to his/her possibilities, of his/her own health and safety and that of the other employees concerned by his/her acts or omissions at work. »
Our employment law team is at your disposal for any questions you may have regarding the above.