HARDSHIP RETIREMENT. In the midst of debates on pension reform, the notion of “arduous work” comes up regularly. But what is it? Is there a precise definition in the Labor Code? What professions are involved?
The term “drudgery” is particularly present at the moment in the debates around the reform of retreats. But what does he mean? What is hard work? the Labor Code does it give a precise definition? What are the consequences for retirement? Explanations.
What is the definition of hardship at work?
The law of August 21, 2003 (article 12) relating to the reform of pensions imposed hardship at work as an object of social dialogue. In the Digital Labor Codethe arduousness of work is defined as theexposure of the worker to one or more occupational risk factors related:
- to marked physical constraints (example: manual handling of loads)
- an aggressive physical environment (example: dangerous chemical agents)
- or at certain work rhythms (example: night work)
These factors”are likely to leave lasting, identifiable and irreversible traces on his health“.
What are the criteria defining hardship at work?
Ten factors are recognized in the Labor Code to qualify the arduousness of the work. For each factor listed below, the details (action, intensity, duration) are specified on Legifrance.
In terms of marked physical constraints:
- Manual handling of loads
- Painful postures defined as forced positions of the joints;
- Mechanical vibration
Regarding the aggressive physical environment:
- Hazardous chemical agents, including dusts and fumes;
- Activities carried out in a hyperbaric environment;
- Extreme temperatures;
- Noise ;
Under certain working rhythms:
- Night work;
- Work in alternating successive teams;
- Repetitive work characterized by the performance of work involving the execution of repeated movements, soliciting all or part of the upper limb, at a high frequency and at a constrained pace.
Certain risk factors can allow the employee to accumulate points on his professional prevention account (C2P) and to retire earlier.
What professions are recognized in the arduous nature of the work?
In the public service, so-called “active category” professions present a particular risk or significant fatigue. The fact of occupying an active category job for a certain period of time gives the possibility of retire before the legal age (with Elisabeth Borne’s reform, they will have to work 2 more years but will be able to continue to retire without a discount at age 62). Among these professions:
- Active personnel of the national police
- Prison administration supervisory staff
- Air traffic controllers
- Municipal police officers
- Professional firefighters
- Agents of underground sewer networks
- Personnel occupying a post of supervisor of medical services
- Operating room specialist nurse
- Nurse specializing in anesthesia and resuscitation
For certain jobs, this also entitles you to pension bonuses and increases. For employees in the private sector, it is the factors listed in the Labor Code that make it possible to recognize the arduousness of their job: construction employees for example…
What hardship criteria are used to retire earlier?
► Today : early retirement is based on the 10 hardship factors recognized by the Labor Code (listed above). For the 6 first hardship factors (night work, work in alternating shifts, work in a hyperbaric environment, repetitive movements, work in extreme temperatures, noise), employees accumulate points on their C2P allowing them to anticipate up to 2 years the legal retirement age (60 years old instead of 62 years old to date). For the 4 other factors (manual handling of loads, awkward postures, mechanical vibrations, chemical risks), employees can go for a medical examination a few years before their retirement and benefit from an early departure “when an occupational disease has been recognized and when the permanent disability rate exceeds 10%” explains the government website.
► With the Borne reform presented on January 10, 2023:
- I’access to the professional prevention account should be extended to other employees.
- the C2P will be modified to be used more for professional retraining.
- for the employees working under ergonomic constraints (manual handling of loads, awkward postures, mechanical vibrations), a early departure at age 62 for health reasons may be considered, on medical advice. Today they do not have automatic access.
- an investment fund for the prevention of professional wear and tear, endowed with one billion euros, will be created.
- civil servants occupying “active category” posts will always be able to retire earlier but will have to work 2 more years (those who could leave at age 57, for example, will be able to do so from age 59). The starting age without discount will remain unchanged: 62 years old.
What criteria are used in the professional prevention account (C2P)?
the Prevention Professional Account (C2P), formerly called Personal Hardship Prevention Account, came into effect on January 1, 2015 and was then amended in 2018. Exposure to one or more occupational risk factors (list below) is declared by the employer and gives rise to the acquisition of points. “These points can help finance vocational training to access a position less or not exposed to the professional risk factors concerned by the system” recall the site MyTrainingAccount. This account can also finance hours not worked, i.e. a part-time work while retaining his salary and allowing the validation of quarters of pension insurance. the Professional prevention account takes into account 6 factors (intensity and minimum duration are specified on the site Service-public.fr):
- activities carried out in a hyperbaric environment (high pressures)
- extreme temperatures
- the noise
- night work
- work in alternating successive teams
- repetitive work
Sources: Ministry of Labor / Service-Public.fr / Vie-publique.fr / INRS / Gouvernement.fr