Duty of Safety vs. Rest: Proof and Responsibility

Derriennic associés

Factuality

Ownership

The employer cannot be held liable for failure to comply with the safety obligation if the employee does not provide proof of specific evidence of the deterioration of his working conditions. On the other hand, the simple fact that the employer unilaterally imposes the taking of paid leave at the end of sick leave is illegal and justifies, even in the absence of protest from the employee, damages. The social chamber of the Court of Cassation aff…