Legal Definition
Duty of vigilance, duty of protection, duty of care... the French language translates this Anglicism in many different ways, but the idea is there: the company has a duty to “care”, i.e. to take care of and attach importance to the safety and security of its employees. Not only does it have a moral duty to do so, it is also obliged to do so, and bears responsibility for doing so, including under criminal law. This duty is governed, among other things, by thearticle L4121-1 of the Labor Code : “The employer shall take the necessary measures to ensure the security and protect the physical and mental health of workers.”
This responsibility does not stop at the physical limits of the employee's usual place of work; it is activated as soon as the employee is directly or indirectly carrying out his or her duties, in France or anywhere else on the planet. Sending your employees on business trips (whether short or long term) therefore means informing them (of the existence of the risk), training them (in how to limit these risks) and putting in place the resources needed to protect them (repatriation insurance, operational assistance, etc.).
Practical Implications
But what risks does this responsibility involve? Almost any risk: environmental, health, safety or political, with the aim of preventing and limiting all accidents or incidents that may occur during or outside working hours, despite the unpredictable nature of these risks.
In concrete terms, sending an employee to Japan without informing and training him or her about the risk of earthquakes can pose a problem. Sending a female employee to Saudi Arabia without informing and training her in the social and religious rules that apply can be problematic. Sending employees to Haiti without mentioning the security situation or political instability can be problematic.
And when we say “pose a problem”, we mean “will pose a problem, if there is one”. Like all risks, this one only takes on its full meaning if it actually happens. In other words, if an earthquake, religious offence or political coup were to occur. But if it does, and it is shown that the company did not take the right measures, then “there will be a problem”. So let's remember that “what goes without saying, goes better by saying it”, and let's train our staff.
