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Tobacco in the workplace

December 2007 - Employment. Legal Developments by Bersay & Associés .

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Initiated with the Loi Evin and upheld by the Employment Division of the Cour de cassation in a ruling of 29 June 1995, smoking prevention efforts are stepped up with the Decree of
15 November 2006 amending Articles R.3511-1 et seq. of the Public Health Code (“PHC”) and are completed by several circular memos, specifically that of 24 November 2006 on the
fight against smoking, in particular in the workplace.

In application of these provisions, since 1 February 2007 smoking is, in principle, prohibited in all workplaces, subject to criminal prosecution.

As with any rule, this ban has certain exceptions that will be outlined below, before examining the tools made available to the employer, who becomes the main enforcer. Lastly,
failure to comply with the ban on smoking exposes both the employer and the employee to sanctions.

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