The ongoing heatwave is bound to raise questions – whether raised by staff or perhaps by businesses – regarding the working environment. Indeed, this persistent heat can have an impact on staff’s health and safety. As an employer, you are no doubt familiar with the provisions of the legislation on ‘well-being at work’, but did you know that it is also possible to make use of temporary redundancy due to adverse weather conditions in the event of a heatwave?
You can consult the FPS Well-being on their website . The full text of the legislation concerning the risk assessment to be carried out, as well as the possible technical measures (e.g. cooling the ambient air, etc.) and organisational measures (e.g. changes to working hours, etc.), is available via this link.
In exceptional circumstances, the employer may, following persistent disruption and after having implemented various measures, decide to resort to temporary lay-off. Temporary lay-off is possible when:
- all preventive measures have been taken; and
- work becomes objectively impossible due to the heat.
Heat may be considered ‘adverse weather conditions’ if:
- the weather conditions are exceptional; and
- these conditions make it impossible to carry out the work; and
- there is a direct link to the work.
The employer must be able to justify and demonstrate this situation to the ONEM, and the formalities (notification to the ONEM, C3.2A, etc.) must be strictly adhered to. It is advisable to contact the ONEM, which must approve the case.
These formalities are as follows:
- Inform workers before the start of temporary unemployment;
- Report the first actual day of unemployment due to adverse weather conditions for each worker on a monthly basis; Submit the C3.2A control card (where applicable);
- Submit the ASR scenario declaration (if necessary);
- Submit the ASR scenario 5 declaration after the end of each month.
You can find all the necessary information via this link. Please do not hesitate to contact us for further information.
