You are not dreaming! 1 million French people are likely to be prohibited a very present habit in their daily life. But what is it and who is concerned?
Lawyer Anthony Bem recently shared a video on his Tiktok account in which he addresses an important subject concerning the rights of employees at work. In this video, he explains that certain rights, although protected by law, may be restricted or prohibited by employers in specific situations. However, he points out that such prohibitions cannot be applied without justification. The lawyer specifies that these restrictions must be based on valid reasons, such as the need to ensure the smooth running of the company or to meet specific requirements linked to the position occupied …
As explained by the lawyer specializing in litigation law, Maître Anthony Bem: “According to article 1121-1 of the Labor Code: it is prohibited to prohibit. Indeed, the legislator provides that no one can provide more restrictions to individual and collective rights and freedoms“However, the lawyer nuances this rule by specifying that this prohibition can be lifted if it is justified by the task to be accomplished and the objective sought. In other words, an employer can limit certain rights of his employees if these restrictions are necessary to guarantee the production or proper functioning of the work.
This is how the mobile phone becomes a complex subject in many professional sectors … Indeed, although the use of laptop work is generally protected by law, certain professions are subject to strict restrictions. According to the lawyer, “Depending on certain activities, certain professions, in particular for example drivers or in the hospital environment, doctors or even in airport areas, it is strongly prohibited to use the mobile phone at the risk of driving disruption in activity and in work exercised“.
The professions of the health sector, in particular those exercised in hospitals, are affected by this ban. According to the official website of the Directorate of Research, Studies, Evaluation and Statistics (DREES), “In December 2022, 1.07 million employees were employed throughout the public hospital sector“. This restriction can therefore affect almost a million people in France!
