Working in France: Can I work from home if heating in my office is broken?

Reader Question: The heating in my office in Paris has been broken for multiple weeks with no sign of being fixed. I can easily do my job from home (where my heating works). It is making me feel unwell. Can I stay at home?

France’s labour laws (Code du travail) do contain rules on keeping workplaces hospitable during both hot and cold periods. 

“Closed premises used for work are heated during the cold season. The heating is operated in such a way as to maintain a suitable temperature and not to give rise to any noxious fumes,” says article R4223-13. 

However, the laws do not list minimum temperatures.

National research body INRS also says there is no specific definition of a ‘cold’ workplace.

Generally, companies work towards levels put forward in the ‘NF X35-203/ISO 7730’ safety guidelines, which state ‘suitable’ temperatures as: 

• 20 to 22 degrees in an office

• 16 to 18 degrees in a workshop with average physical activity

• 14 to 16 degrees in a workshop with sustained physical activity

What rights do workers have? 

If you believe your office does not have a ‘suitable’ temperature, the first step is to talk with your employer about the situation. 

WIth the increase in working from home in France, it may be possible to organise temporary changes in office rules until the weather improves or the heating is fixed.

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

If they are not responsive, you can reach out to your company works council (Comité social et économique or CSE) or union delegate if you have one, to have them try to resolve the issue on your behalf.

Failing this, you can contact the medical team responsible for passing employees as fit to work at your organisation (your médecin du travail) about the issue, if you believe it is a health hazard for you to work there. 

This is particularly recommended if you believe the cold poses a serious threat to your health due to a preexisting condition, especially one your employer is aware of. 

A last resort is to anonymously inform labour inspectors (inspection du travail) who may arrange a surprise visit. If they find the temperatures are unsuitable, they may fine your company and require them to put temperatures up. 

However, no measures allow for you to work from home because of the cold conditions apart from, in extreme situations, your right to withdraw (droit de retrait) from work. 

Right to withdraw

This right to withdraw is mentioned in article L4131-1 of the labour laws.

However, it is only meant to be used when “a serious or imminent threat to a worker’s life or health” is caused by poor working conditions. Where exercised legitimately, the employer is expected to rectify the situation to allow the employee to return to work under safe conditions. 

Workers who exercise this right are required to immediately inform their employer of both the fact they have withdrawn and the reason why. 

At the same time, they cannot dismiss you for exercising your right. 

The matter can be taken to court for a judge to decide in the case of a dispute.

These are similar to rules in place during summer for the inverse – high temperatures and heatwaves.

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