Do I have the right to wear shorts or adjust my working hours during a heatwave? We take a look at employee rights.

Hello Gilles, and thank you for your question.

France is experiencing a new heatwave that is affecting the entire country from south to north, including Paris: what are the rights and responsibilities of workers and employers in these conditions?

Employers' obligations

A decree now governs work in extreme heat. Thus, when the risk assessment identifies a risk to the health and safety of workers linked to exposure to episodes of intense heat, the employer is required to define preventive measures or actions to reduce these risks, based in particular on:

- The implementation of work processes that do not require exposure to heat or require less exposure

- Changing the layout and arrangement of workplaces and workstations - Adapting the organization of work, and in particular working hours, in order to limit the duration and intensity of exposure and to provide rest periods - Technical means to reduce solar radiation on exposed surfaces , for example by damping or insulation, or to prevent the accumulation of heat in the premises or at the workstation - Increasing, as much as necessary, the fresh drinking water made available to workers - Choosing appropriate work equipment which, taking into account the work to be done, allows a stable body temperature to be maintained

- The provision of personal protective equipment to limit or compensate for the effects of high temperatures or to protect against the effects of direct or diffuse solar radiation

- Adequate information and training of workers, on the one hand, on the conduct to adopt in the event of high heat and, on the other hand, on the correct use of work equipment and personal protective equipment so as to reduce their exposure to heat to as low a level as technically possible.

"These preventive measures must be applied in the event of an intense heat episode and adapted by the employer in the event of intensified heat. In the event that this list of preventive measures or actions against occupational risks linked to intense heat episodes is not defined, the labor inspectorate has the possibility of formally requiring the employer to establish it. In the event of an intense heat episode, fresh drinking water in sufficient quantity must be provided by the employer. These new provisions come into force on July 1, 2025 (at the same time as those of the decree provided for their application)," specifies the Ministry of Labor, on its website.

The Ministry of Labor recommends that employees "adopt simple actions" to limit the effects of heat and invites them, among other things, to "drink water regularly" , "protect themselves from the sun" , "adapt their work pace" or "wear light clothing that allows sweat to evaporate".

Be careful, however, with skimpy clothing: employers can impose restrictions, as Diane Reboursier, a labor law attorney, explained to AFP. For example, "if the employee wears protective footwear, they won't be allowed to wear flip-flops."

Finally, if the employee faces "a serious and imminent danger" to his life or health, he has the right to exercise his right of withdrawal by leaving his post, after having alerted his employer.

The latter may not ask the worker to return to work while this danger exists, and no sanction or deduction of salary may be exercised.

In the construction sector, the company must "provide a rest area adapted to the climatic conditions or arrange the site" to allow for the organization of breaks, provide "at least three liters of fresh drinking water per day and per employee" , indicates the Ministry of Labor.

In the event of a red alert issued by Météo France, it can "adjust the workload" and "the organization of work" , or even "decide to stop work" - for example for roof insulation or covering work, or the repeated handling of heavy loads.

A decree, published on June 28, 2024, thus recognizes heatwaves as a reason for technical unemployment for construction workers and opens the way to compensation in the event of worksite shutdowns, but only if the heatwave lasts more than two days.