Article L4122-2 of the French Labour Code
November 6, 2023
Measures taken in the field of health and safety at work must not entail any financial burden for employees.
Measures taken in the field of health and safety at work must not entail any financial burden for employees.
The worker shall immediately alert the employer to any work situation which he has reasonable cause to believe presents a serious and imminent danger to his life or health, as well as to any defect he observes in the protective systems. He may withdraw from such a situation. The employer may not require a worker who has exercised his right to withdraw to resume his activity in a work situation…
An employee representative on the Social and Economic Committee who ascertains that there is a cause of serious and imminent danger, in particular through an employee, shall immediately alert the employer in accordance with the procedure set out in the first paragraph of Article L. 4132-2.
No sanction or deduction of wages may be taken against a worker or group of workers who have withdrawn from a work situation which they had reasonable cause to believe presented a serious and imminent danger to the life or health of each of them.
The benefit of the employer’s inexcusable fault provided for in article L. 452-1 of the Social Security Code is automatically available to the employee or employees who suffer an accident at work or an occupational disease when they or a staff representative on the social and economic committee had informed the employer of the risk that materialised.
The right of withdrawal is exercised in such a way that it cannot create a new situation of serious and imminent danger for others.
When the staff representative on the social and economic committee alerts the employer in application of article L. 4131-2, he shall record his opinion in writing under conditions determined by regulation. The employer immediately carries out an investigation with the representative of the Social and Economic Committee who alerted him to the danger and takes the necessary steps to remedy the situation.
In the event of disagreement as to the reality of the danger or the way to put an end to it, in particular by stopping the work, the machine or the installation, the social and economic committee is convened as a matter of urgency, within a period not exceeding twenty-four hours. The employer shall immediately inform the Labour Inspectorate monitoring officer referred to in Article L. 8112-1 and the Regional…
In the absence of agreement between the employer and the majority of the Social and Economic Committee on the measures to be taken and the conditions for their implementation, the matter is immediately referred to the Labour Inspector by the employer. The Labour Inspector implements either one of the formal notice procedures provided for in article L. 4721-1 or the summary procedure provided for in articles L. 4732-1 and L….
The employer shall take the necessary measures and give the necessary instructions to enable workers, in the event of serious and imminent danger, to stop their activity and move to safety by leaving the workplace immediately.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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