Social right. After 2003, 2010 and 2014, the discussion on pension reform once once more focused on keeping seniors in employment and seeking to balance the schemes thanks to the raising of the minimum retirement age and the increase in the contribution period of active workers.
This lengthening of professional life raises questions regarding the state of health of seniors at work, the conditions under which they must continue their activity, their motivations, and the perception that employers have of it in the context of work intensification, changes organizations and increased competition between companies.
However, the employer is responsible before the law for the physical and mental health and safety of the employees. Pursuant to Articles L. 4121-1 and following of the Labor Code, he must take the necessary measures. He is bound by a safety obligation, even in the context of an aging workforce, which mechanically leads to an increase in situations of restricted aptitude or unsuitability, as well as to the scarcity of “soft” reclassification posts. which just as necessarily results from it.
The employer’s obligation goes beyond the company and the time frame of the professional career. There is thus a medical examination before compulsory retirement for employees exposed to certain professional risks or carcinogenic agents during their career.
During normal working hours
Another device does not appear in Book IV “Health and safety at work” of the labor code, but among the provisions organizing the end of the employment contract due to retirement, an obligation still little known. We read in article L. 1237-9-1 that “Employees benefit from awareness raising on the fight once morest cardiac arrest and life-saving gestures prior to their retirement”. The implementing regulations provide that the time devoted to this awareness is considered as working time and takes place during normal working hours.
This system, which has a counterpart in school for students, must, according to the National Assembly’s social affairs commission, ensure “that no one will leave the business world without having completed this training. It is naturally not a question of dispensing it during the last days of work of the employee – he can do it much earlier -, but of reaching the widest possible public “.
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