Mental health at work law employer obligation what is it?

The announcement by the Head of State to take charge of sessions with the psychologist testifies to the growing importance of mental health issues in our society.

The world of work is no exception. Since the health crisis, maintaining the mental health of employees has become increasingly essential. The Mental Health Act reinforces this evidence and highlights the employer's obligations in this area.

What does the mental health law in companies provide?

While it is generally easily accepted that the employer must take care of the physical health of its employees, there is a tendency to omit that the latter is also subject to an obligation of result in terms of maintaining the mental health of its employees. Thus, Article L4121-1 of the Labor Code provides that “The employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers. These measures include:

• 1° Actions of prevention of occupational risks, including those mentioned in article L. 4161-1;
• 2° Information and training actions;
• 3° The establishment of an organization and adapted resources.

The employer ensures that these measures are adapted to take account of changing circumstances and strive to improve existing situations.” Thus, not only must the employer limit the risks of harm to the physical and mental health of its employees but also, it must prevent the risk from occurring by implementing various preventive activities.In the event of a breach, the civil and criminal liability of the employer may be incurred.The employer's obligations go well beyond the simple single risk assessment document (DUER). In conjunction with the social partners, it must ensure that its actions fall within the framework of a active approach to the prevention of risks and the improvement of working conditions.

Mental health law at work employer obligation: all concerned

When we talk about mental health in the workplace, we tend to think first of all about serious situations such as Burn-out, bore-out and to a lesser extent depression.However, as revealed by A study conducted by Qualisocial between August and September 2021 among 500 French working people, 51% of them assess their emotional state as deteriorated. Among the participants in the study, 41% felt mainly worried. These figures are confirmed year after year, since the 2025 Qualisocial mental health barometer, in partnership with Ipsos, reveals that 25% of French employees suffer from a deteriorated mental state.Unhappiness at work and the associated disorders are therefore major challenges for businesses. There are many warning signs that should alert management: stress at work, absenteeism, lack of motivation, deterioration of the working environment, etc. These are all elements that reflect suffering at work and that it is important to identify as soon as possible in order to be able to act on them and reverse the trend. Thus, a better understanding, a change of point of view as well as increased flexibility of organizations are all elements that speak in favor ofa desire to improve the mental health of working people.

Everyone involved in improving mental health or the importance of thinking collectively

The study conducted by Qualisocial at the end of summer 2021 highlighted three priority issues for the assets interviewed:

1. Maintaining good relationships at work
2. The adaptability of work organization
3. Taking into account the well-being of employees.

Finally, Since teleworking has grown considerably, it is widely acclaimed among those under 35.Now, the question is no longer just whether or not to address mental health in the workplace. Indeed, as the boundaries between professional life and private life are becoming more and more porous, everyone is led to think constructively and appropriately about the means to be implemented to act on good mental health. As a vector of social integration, work remains a key factor in improving mental health.Active people are invited to find the best balance between the efforts required, the control of their emotions, the need for autonomy, the fear of the future and of course relationships between colleagues. This search for the perfect balance cannot be conceived individually. Indeed, each member of the company can contribute to the “well-being” of the other. This involves individual actions such as knowing your own limits, and then collective actions such as developingcollaborative spirit, theMutual aid or even the benevolence between colleagues. In good agreement, everyone can limit mental disorders at work and act as part of a preventive approach to psychosocial risks. Well-being, efficiency and performance are not antagonistic concepts.

What are the possible solutions for better management of mental health and quality of life in companies?

In September 2021, during the Mental Health Conference, the former Minister of Health, Olivier Véran, called for continuing the efforts of prevention of psychosocial risks. These efforts detailed in the 4th Occupational Health Plan (2022—2025) are being deployed through new tools. These aim to allow better consideration of the link between psychological disorders and changes in the world of work. Workplace discomfort now seems to be everyone's business. The repercussions of poor management of these problems can have long-term effects on the work situations, health and productivity of collaborators.Gradually, the question of the quality of life at work is becoming a strategic issue in the face of which improvisation has little place. Since 2003, Qualisocial has gradually established itself as a major player in the support of mental health and quality of life at work problems. Thanks to a network of more than 500 experts (psychologists, social workers), coaches, lawyers...) Qualisocial deploys pragmatic solutions, respectful and innovative to promote the quality of life at work and the prevention of psychosocial risks in organizations.