Right of withdrawal: under what conditions can it be exercised?

The right of withdrawal allows the employee or public official to leave his or her post of work or to refuse to settle without the consent of his or her employer.

It can be exercised under two conditions:

• if the work situation presents a serious and imminent danger for his life or health;
• or if it finds a defect in the protection systems.

A danger is

serious

if it represents a threat to the life or health of the worker (a serious or even fatal illness or accident). He is

imminent

whether the risk can occur immediately or within a short time. It is up to the employee to assess whether the situation presents a danger to him in the light of his skills, knowledge and experience

serious

and

imminent

for his life or health. He does not have to prove that there is a danger, but he must feel potentially threatened by a risk of injury, accident or illness. The danger can be individual or collective. The employer may interrupt its activities until the employer has put in place the appropriate preventive measures.

Some examples: non-compliant equipment, non-heated premises, lack of collective or personal protective equipment, risk of aggression, are all situations likely to justify the right of withdrawal.

The worker shall inform his employer or a staff representative (CSE/CHSCT) of the exercise of his right of withdrawal by any means. Its withdrawal must not, however, lead to a new situation of grave and imminent danger to other persons.

The employer may not withhold any wages or penalize a worker or group of workers who has exercised his right to withdraw legitimately. However, when the conditions for the right to opt out are not met, the worker is liable to pay deductions or penalties, or even dismissal.