Employer safety obligations: The cases of France and Senegal
2 June 2020
2 June 2020
Relations between employers and employees are framed by a set of legal obligations. In the case of a business trip or an assignment abroad, the first city is responsible for ensuring the security of the second.
The obligations of the employer under French law
The provisions of articles L4121-1 and L4121-2 of the Labor Code list the obligations of the employer in terms of training, information and the implementation of adequate means to reduce the risks run by their employees and their travelers. business abroad.
The Karachi, Jolo and Abidjan case law confirm these legal obligations.
The role of the employer is to ensure the safety and health protection of its employees. According to article L4121-1 of the Labor Code, the employer must take the necessary measures to guarantee the safety and protect the physical and mental health of the employees of his company.
Obligations of the employer according to the law in Senegal
There is no equivalent provision in the Labor Code or in collective agreements but the following provisions (see below) indicate that it is up to companies to take the necessary measures to ensure safety and protect physical health and ethics of their employees:
– provisions of articles L169, L177 and L179 and L182 of the Labor Code; and
-decree n ° 2006-1256 of November 15, 2006 fixing the obligations of the employers as regards safety at work.
From a global perspective, it goes without saying that employee safety is the responsibility of the employer.
However, article 183 covers the specific case where, when the employer cannot be aware of the danger to which one of his workers is exposed, it is up to the latter to bring this danger to the attention of his superior. Once informed, the employer is required to take all necessary measures to put an end to the danger in question.
As regards the specific case of the worker on assignment, he is designated in the labor code as the “worker displaced from his usual residence”. In general, we are targeting an expatriate who comes to work in Senegal, who is subject to various formalities. But in the absence of precision, we can have an extensive interpretation and consider that this term would also refer to the Senegalese worker sent on mission.
Again, there are no specific provisions relating to the safety of “workers displaced from their usual place of residence”.
Section 92 comes closest to that. It mentions the adaptation of security measures to the circumstances that may arise!