What are my rights in the workplace

par Gérard AUDUREAU

I am a Canadian living in Strasbourg and working for an entreprise/association, ARSEA/GALA.
I am a technicien responsible for maintenance in residences who are beneficiaries.
My boss has told me I must work in homes where residents smoke tobacco or marijuana.
What I refuse! My boss says this is insubordination.
Second issue. When entering work in the back of the building there are employees smoking.
Each day, I am forced to inhale second hand smoke and my clothes stink.
I have spoken with my boss, who is a smoker, but nothing has ever been ameliorated for non smokers.

What are my rights?

Thank you kindly for your consideration.

I.F.H.

Réponse

Regarding the exposure to second-hand smoke imposed by your employer :

  • According to established case law, the obligation of safety of result falls to the employer towards their employees whom they must protect from smoking.
  • And the employee can exercise their right of withdrawal under the conditions provided for by the Labor Code in France.
    Concerning exposure to tobacco smoke from your colleagues before entering the company, to date, no law protects against this nuisance in public spaces.

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