Are we allowed to come to work in shorts or a tank top when the heat rises? What the Labor Code says

With the heat wave that has hit France for several days, temperatures sometimes reach 33°C. In these conditions, working can be tiring, especially when your outfit is not suitable.

Shorts, Bermuda shorts, flip-flops or even a tank top, what does the Labor Code provide for and what are you allowed to wear during these heat peaks: this is the question that many are asking.

“The freedom to dress is not a fundamental freedom”

In reality, if the working conditions do not require any protection specific to the profession, no article prohibits the wearing of shorts, tank tops or flip-flops. However, the employee is asked, as their only obligation, to wear decent attire for the roles they have within the company in which they work. Summer outfits can therefore be worn, since it falls within the individual freedom of the employee, as long as this is not likely to create trouble in the company.

However, Me Astrid Boussaroque specifies: “The freedom to dress is not a fundamental freedom, the employer has the right to restrict it if this is proportionate and justified. » And to continue “each company has internal regulations, where there can often be obligations concerning outfits, these are often very generic terms and the whole problem rests on its interpretation. » For the lawyer, it is better to discuss it in advance with her employer to avoid any risk of overinterpretation.

Are the risks of dismissal justified? Yes, “if an employee takes the liberty of going in a tank top and shorts [au travail] this could be grounds for dismissal,” assumes Me Boussaroque. However, “if he contests it, the industrial tribunal advisors will assess between the exceptional circumstances linked to the heatwave and the employee’s behavior. »

What justifies compulsory clothing at work?

According to the Labor Code (Article L1121-1), the employer is authorized to impose work attire or not. However, the outfits imposed by the company are justified by the nature of the task accomplished: it may be required, and therefore obligatory, for safety reasons such as on a construction site, or for hygienic reasons when it comes to the agri-food or hospital sector.

In this specific case, even in periods of high heat, the outfit must be respected very seriously, at the risk of being fired. Although there are variations to adapt certain work outfits in construction, explains Me Boussaroque, nothing can replace a helmet or safety shoes. It can also be imposed when the employee is in contact with customers: salespeople and salespeople, particularly in the luxury sector where outfits must be impeccable, often have an outfit imposed on them.

Solutions put in place to deal with rising temperatures

Although clothing may be required, the employer still maintains certain obligations when temperatures rise. Exposure to high heat at work is now recognized as an occupational risk. “Since 2018, 48 people have officially died in heat-related work accidents” according to the National Assembly.

Thus, the employer has the obligation, even outside of heatwave periods, “to be able to provide fresh drinking water. This is 3 liters of water per day and per person, (…) and in the event of a heatwave (orange or red alert), there is no limit on liters of water,” specifies the lawyer. There are also means of adaptation to limit the effects of heat as far as possible: adjustment of schedules, more regular breaks.

If these conditions are not respected despite extreme heat, and the clothing cannot be properly adapted to the temperature, sanctions may be applied. Me Boussaroque warns: “He has an obligation to guarantee a secure environment for the employees who work for him, and in particular the obligation to identify and prevent risks” in the event of a heat peak.