French rules: can I work from home – or not at all – during heatwave?

France is facing its first major heatwave of 2024, with 45 departments facing heightened warnings over temperatures today (July 30). 

Read more: 40.6C (in shade): French heatwave warnings expand to north

Sweltering temperatures are not only seen in the day, where they have reached above 40C, but also at night, where in some places they have barely dropped below 30C. 

As the heat makes life more difficult – making us more fatigued, irritated, and struggling to complete normal tasks – we look at the rules about working in such heat. 

Whilst there are some conditions which may allow for workers to remain at home, this is not always the case. 

No ‘maximum’ temperature for not working

Unlike some other European countries, there is no ‘maximum’ working temperature in France. 

In Germany for example, once temperatures reach 35C, employers must ask workers to remain at home. 

However, this may be in part due to the large temperature differences across France between the north and south making one single temperature difficult to pick. 

Employers in France may offer for workers to stay at home, or make up their hours in another way, but are not legally required to do so.

This being said, France’s research body (Institut national de recherche et de sécurité, or INRS) states that temperatures present a risk for workers above 28C (physical labour / outdoor work) or 30C (sedentary work/indoor office work). 

At temperatures of 33C and above, ‘serious hazards’ may present themselves. 

Therefore, above this level, employers must provide certain measures to “ensure the safety and protect the physical and mental health of workers” (as stated in article L.4121-1 of the French Labour Code).

This can include:

• Providing fresh drinking water

• Shifting work hours to avoid the heat at the hottest points of the day. 

• Increasing the number of breaks, or increasing the length of breaks, workers can take

• Reducing the amount of physical labour required of workers

For people working outside, shady shelter must also be provided, as well as methods to cool down.

Note that employers are not required to provide solutions such as air conditioning, anti-heat blinds, or fans, but most office spaces will have at least some of these in force.

Refusal to work if safety conditions are not met

It is only if your employer does not provide these measures (or provides them to an insufficient quality) that you have the right to not come to your usual place of work. 

Before taking the decision to remain at home however, you should talk to your representative in the Comité social et économique (Social and Economic Committee, or CSE) if you have one, or your employer, to see if they can improve the situation. 

Your employer may contest your decision if you decide to remain at home, but during this time – and unless they can prove your decision was unjustified – you do not lose your salary for the days you are at home. 

With the increase in work from home policies for the majority of office workers in France, you may be able to discuss temporary arrangements with your employer to work from home full-time during a heatwave. 

Again, however, they are under no obligation to agree to this. 

Read more: What is France’s workplace ‘right to disconnect’?