Planned in article L4131-3 of the Labor Code, right of withdrawal allows an employee to leave his job or to refuse to settle there, without the agreement of his employer. To exercise it, he must first have alerted his employer "Any work situation which he has reasonable grounds to believe presents a grave and imminent danger for his life or health as well as for any defect which he observes in the protection systems'.
The employee does not have to prove that there is indeed a danger but he must feel threatened. The risk can be immediate or occur soon. The employer may not take any sanction or deduction of wages against a worker who has legitimately exercised his right of withdrawal.
A situation that can be assessed on a case-by-case basis
"Only a labor court judge is competent to say whether the employee is legitimate or not to exercise his right of withdrawal", explained to Family File, before the first confinement in the spring, Me Eric Rocheblave lawyer specializing in labor law. This is a situation that is assessed on a case by case basis. " Onne
