halshs-05374012 Return to work and employment : Also a question of mental health. A study (…)

Objectives The study of mental health at work and return to work (RTW) in France shows by itself the subject is little developed in French labour and welfare legal doctrine. This study analyse how labour law in France is able—or not—to support the RTW of people who suffer or have suffered from a mental or psychic disorder. Method The method is in line with the usual practices of French legal doctrine, consisting of a study of existing legal regulations in France and an analysis of these. For example, legal standards specific to disability or chronic illness is used. Nevertheless, this subject requires us to explain the difference between “employment” and “work” within the French labour law approach—this chapter deals with “work.” We also recall some fundamental legal standards. Results This study provides a dual analysis: that of labour law and that of welfare law, including social security law and employment law. The results takes into account the distinction between people suffering from chronic and non-chronic disorders, as well as disorders caused by work and those not caused by the performance of work, in order to highlight the appropriate legal regime, applied, existing or non-existent in France. Conclusion The approach of French labour and welfare law to issues relating to mental health and RTW presents real difficulties in terms of existing construction and implementation in practice. This obviously represents a limitation in dealing with the issue. Nevertheless, we explore the possibility of presenting the original concept of “préjudice d’anxiété”, which strongly emphasizes the link between the social law approach to psychological suffering caused, according to the Cour de cassation, by the psychological disorders engendered by knowledge of the high risk of developing a serious pathology due to exposure to highly noxious or toxic materials or products during one’s working career and due to maintaining at work despite these terrible conditions.