The employer's security obligation includes taking into account the employee's workload
Publié le 24 mai 2023 - Directorate for Legal and Administrative Information (Prime Minister)
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An employer who does not take into account the workload of his employee during the annual interviews is in breach of his security obligation. This is what the Court of Cassation said in a ruling by the Social Chamber on April 13, 2023.
An employee who has been dismissed claims damages for his employer's failure to comply with his security obligation. In the present case, the employee stated that he had a high rate of work.
The Court of Appeal dismissed the employee’s application. In its view, no failure was attributable to the employer, which therefore did not disregard the safety obligation. The employee appeals to the Court of Cassation.
The Court of Cassation quashes and quashes the judgment of the Court of Appeal. Among the information provided by the employer, it notes that the employer did not carry out annual interviews on the employee’s workload. This failure to take account of the workload characterizes an employer’s failure to fulfill its safety obligation. The employer therefore does not justify having taken all measures to ensure the safety and protect the physical and mental health of its employee.
