Envoyer un collaborateur en mission, en détachement ou en expatriation ne suspend pas la responsabilité de l’employeur : elle la déplace, et souvent l’alourdit. Le duty of care, devoir de protection de l’employeur, désigne l’obligation, juridique et morale, de préserver la santé, la sécurité et l’intégrité des personnes que l’organisation envoie travailler hors de France, y compris dans les zones sensibles et à risque de guerre. Geodesk, courtier spécialisé 100 % international depuis 30 ans, traduit cette obligation en dispositifs concrets : audit de la couverture existante, cartographie des risques par pays, assurances sur-mesure et assistance mobilisable 24/24 et 7/7 dans plus de 150 pays.
The duty of care is the obligation placed on every organization to take the necessary measures to ensure the safety and protect the physical and mental health of the people it employs or sends on assignments. Under French law, this obligation is based on Article L4121-1 of the Labor Code, which requires employers to implement preventive measures and provide information and training regarding occupational hazards.
The text does not set any geographical limits: whenever an employee performs his or her contract abroad, the employer’s duty of care extends to that employee, regardless of the destination country.
This duty of care has been clarified through case law, which has unambiguously extended the employer’s duty of care to international travel and assignments. A breach of this obligation may be classified as inexcusable misconduct if the employer was or should have been aware of the danger to which the employee was exposed and failed to take the necessary measures to protect the employee from it (a principle established by the Court of Cassation regarding asbestos exposure, which was subsequently applied to overseas assignments). In practical terms, the employer can only be relieved of liability by demonstrating that it actually anticipated the risks, informed the traveler, and implemented protective measures appropriate to the actual conditions on the ground.
A risk that is often underestimated—one that Geodesk understands from real-world experience.
Un collaborateur envoyé quelques jours à l’étranger pour une mission professionnelle reste couvert par le régime français des accidents du travail. Depuis 2001, la Cour de cassation considère que tout accident survenu au cours d’une mission, en France comme à l’étranger, est présumé être un accident du travail, qu’il s’agisse d’un malaise à l’hôtel, d’un accident de la route ou d’une maladie contractée sur place. Si l’employeur avait conscience du danger sanitaire ou sécuritaire de la destination sans en informer ni protéger le voyageur, sa faute inexcusable peut être reconnue, avec à la clé une majoration des indemnités et la réparation intégrale des préjudices.
An employee assigned on a long-term basis to a high-risk country (where there is a risk of assault, kidnapping, or terrorist attacks) holds the employer liable on a different basis: that of contractual liability under general law, since the expatriate is no longer subject to the French workers’ compensation system. The Court of Cassation ruled that an employer who failed to respond to a employee’s repeated warnings about threats to foreign nationals had committed a gross breach of its duty of care, even for an incident that occurred outside of working hours. The employer therefore remains liable for the living environment it requires its employee to accept, and not just for the employee’s working hours.
Many employers believe that enrolling an expatriate in the Caisse des Français de l’Étranger (CFE) is sufficient to cover their liability. The Court of Cassation has ruled otherwise: the CFE is not required to advance compensation owed due to the employer’s inexcusable fault, as its voluntary coverage is limited to the basic benefits provided under labor law. In other words, in the event of a serious incident attributable to a lack of coverage, the employer alone bears the financial burden of additional compensation, unless the employer has taken out a dedicated insurance policy that picks up where the CFE leaves off.
Customized protection that translates your security obligations into concrete measures, anywhere in the world.
Geodesk analyzes the political, health, security, and regulatory context of each destination—including transit countries, not just the final country of assignment. This mapping, aligned with the principles of ISO 31000, makes it possible to anticipate areas of evolving risk—where a country’s risk status can change within a matter of days—and to adjust coverage accordingly.
Medical repatriation coverage is one of the most critical aspects of the duty of care, as its quality varies significantly from one contract to another. Geodesk verifies the existence of a medical platform that is available around the clock, the availability of medical dispatchers, the actual response time, and the capacity for medical evacuation (MEDEVAC) from remote or hazardous locations.
The death or disability of an employee on assignment exposes the organization to a significant financial and human burden. Geodesk structures international life and disability insurance coverage—including death benefits, spousal and child annuities, and disability and incapacity benefits—that supplement the limited benefits provided by the CFE and fill the gap left in the event of gross negligence.
Whereas traditional contracts exclude the risk of war, Geodesk distinguishes between passive and active risks and negotiates specific coverage extensions for sensitive destinations. Kidnap and ransom (K&R) coverage and key person protection (Key Person) ensure the safety of missions that general insurers refuse to cover.
The employer’s liability may be compounded by a personal claim against the executive. Geodesk includes D&O (directors and officers) coverage as part of its duty of care program to protect the organization and its decision-makers from the consequences of allegations of inadequate protection following an incident abroad.
Some countries require employers to purchase specific local insurance for their foreign employees. Geodesk verifies compliance on a country-by-country basis and helps document the chain of protection—contract amendments, traveler information, and traceability of the measures taken—which serves as the best evidence of compliance with safety obligations in the event of a dispute.
For 30 years, Geodesk has focused on a single line of business: international risk insurance. This specialization, combined with a network of insurance partners in more than 150 countries, allows us to provide clarity where legal, health, and security issues intersect.
At Geodesk, there are no anonymous phone numbers: a dedicated contact person is familiar with your case and the teams working on your project. This close relationship makes all the difference when an emergency arises in the field and every minute counts in coordinating a response.
During a field emergency—such as a suspected case of typhoid in Nepal—Geodesk’s teams responded in less than an hour because a contact person was already familiar with the case. It is this responsiveness—and the human touch behind the contract—that organizations operating in the most complex environments value most.
Geodesk does not offer any standard contracts: each policy is negotiated and tailored to the organization’s specific situation, its employee profiles, and its areas of operation. This approach ensures that each client’s duty of care truly reflects its operational reality, rather than a generic model.
Geodesk conducts a free audit of your existing international coverage and identifies your risk areas in less than 48 hours—with no obligation and in complete confidence. This audit reveals gaps in coverage, duplicate policies, and geographic exclusions that expose you to liability.
Geodesk maps the risks in each country where your business operates and matches the profiles of your employees (staff, expatriates, contractors, consultants, spouses, and children) with the corresponding policies to structure comprehensive coverage with no gaps.
Geodesk negotiates and implements appropriate safeguards, verifies that each destination complies with local regulations, and documents the chain of custody that attests to your compliance with security obligations.
Geodesk provides ongoing monitoring, updates its security measures in response to changing conditions on the ground, and stays abreast of global developments to anticipate changes in the situation that could affect the safety of your teams.
Analysis of Your Needs
Geodesk conducts a free audit of your existing international coverage and identifies your risk areas in less than 48 hours—with no obligation and in complete confidence. This audit reveals gaps in coverage, duplicate policies, and geographic exclusions that expose you to liability.
Solution Architecture
Geodesk maps the risks in each country where your business operates and matches the profiles of your employees (staff, expatriates, contractors, consultants, spouses, and children) with the corresponding policies to structure comprehensive coverage with no gaps.
Deployment
Geodesk negotiates and implements appropriate safeguards, verifies that each destination complies with local regulations, and documents the chain of custody that attests to your compliance with security obligations.
Follow-up & Support
Geodesk provides ongoing monitoring, updates its security measures in response to changing conditions on the ground, and stays abreast of global developments to anticipate changes in the situation that could affect the safety of your teams.
Pain Without Borders
Pain Without Borders
Pain Without Borders has been using Geodesk's services for several years. Geodesk regularly provides us with insurance solutions tailored to our experts' missions in our various areas of operation, particularly in Ukraine, Ivory Coast, and Mozambique. Communication is always smooth, quick, and efficient, and we are fully satisfied with our collaboration and the availability of our account managers. "
URD Group
A. Lefevre
HR Director
“The travel of Better with Water employees is essential to the success of our field missions. Having a reliable insurance partner allows us to support them with peace of mind, wherever they are working. The quality of the support, the responsiveness of the teams, and the coverage tailored to our needs are a real asset for our organization and for the safety of our employees.”
GERES
X.ARNOULT
HR Director
“For several years, Geodesk and IECD have been developing a structured partnership to benefit the social protection of employees on international assignments. Present in 18 countries, IECD works to promote access to education, employment, and entrepreneurship. Geodesk's support helps to secure these initiatives in sometimes complex or fragile environments, particularly in Lebanon and Madagascar. This long-term partnership is based on a strong and shared relationship of trust between IECD and Geodesk, serving their common commitments on the ground.”
Reporters Without Borders
“RSF has been working with Geodesk for several years. We particularly appreciate the quality of their personalized support. Their teams are always responsive, available, and attentive to our needs. We appreciate their follow-up and always enjoy communicating with them.”
The Alexandre Dumas French Lycée in Moscow
Jean-Paul SCHÜTZ
Principal
“The Lycée Français Alexandre Dumas in Moscow , a school directly managed by the AEFE (Agency for French Education Abroad), places the safety and well-being of its students at the heart of its priorities. This is why we attach paramount importance to the quality of the school insurance we have purchased from CGEA GEODESK. Our school welcomes over 660 students, from preschool to the final year of high school, from numerous nationalities and spread across three separate campuses. In such a demanding international environment, we need a reliable partner. CGEA GEODESK fully meets this requirement. The “INTERNATIONAL STUDENT SCHOOL INSURANCE” coverage protects our students during school hours, on educational outings, and during all extracurricular activities organized by the school, thus providing continuous protection tailored to our daily lives.”
CartONG
L. Cailloce
Administrative and Logistics Officer
“Your speed and responsiveness ensure that we always receive our insurance certificates on time for our employees working in the field, even when we notify you relatively late. This is something we greatly appreciate, and it’s a relief to know that we can count on you in this regard.”
Understanding an employer’s duty of care means, first and foremost, grasping the extent of an organization’s responsibility when it sends an employee to work abroad. This video explores the legal foundations of the duty of care, the situations in which it actually applies, and the often-misunderstood distinction between business trips, secondments, and expatriation.
The video then highlights a crucial point: insurance, no matter how comprehensive, is not sufficient on its own to fulfill your duty of care. While it covers the financial consequences, complying with the duty of care also requires anticipation, communication, and documentation. It is precisely this combination of insurance protection and operational procedures that Geodesk implements alongside its clients.
Preparing for the unexpected is what we do—let’s work together to find the right coverage for your organization.
The duty of care is most demanding in sensitive areas and war zones, where general insurers tend to withdraw. Geodesk designs specialized coverage for missions in high-risk environments, distinguishing between passive and active risks and incorporating kidnapping and ransom (K&R) coverage, protection for key personnel, and enhanced assistance. This expertise enables organizations to continue their operations where others are forced to abandon them.
ISO 31000, published in September 2021, serves as the international framework for managing risks associated with business travel and is the operational counterpart to the duty of care. Geodesk supports organizations in implementing this standard, from travel policy to incident management.
D&O coverage protects the organization and its executives against personal liability claims, including when they are accused of failing to provide adequate protection following an incident abroad.
International pension coverage provides security for employees and their families in the event of death, disability, or incapacity, beyond the limited coverage limits of basic plans.
Assistance and medical evacuation are the first line of defense in the event of a medical or security emergency in the field.
International health insurance takes over from the French social security system as soon as you cross the border, covering all medical care in every country.
An employer’s duty of care is not limited to employees under French employment contracts. Both the ISO 31000 standard and legal practice call for coverage of all individuals whom the organization sends or has working on its behalf: consultants, service providers, locally recruited national staff, as well as the employees’ spouses and children who accompany them. These groups are often overlooked in standard contracts, even though they expose the organization to very real liability. Geodesk systematically verifies that each status aligns with the associated contract.
No, and this is a key point. An insurance policy covers the financial consequences of an incident, but it does not, on its own, prove that the employer has fulfilled its duty of care. The duty of care also involves assessing risks in advance, informing and preparing the traveler, and documenting the measures taken. Insurance and operational procedures are therefore complementary: one provides compensation, while the other offers legal protection for the organization. Geodesk integrates both.
The employee’s legal status determines the basis for the employer’s liability. Whether on a short-term assignment or on secondment, the employee remains covered by the French workers’ compensation system, and a failure by the employer may be classified as gross negligence. When working abroad, the employee is no longer covered by this system: the employer’s liability is then governed by general contract law. This distinction affects which coverage applies, which Geodesk analyzes on a case-by-case basis.
No. The Court of Cassation has confirmed that the Caisse des Français de l’Étranger (CFE) is not required to advance compensation owed due to the employer’s inexcusable fault, as its coverage is limited to basic benefits. In the event of a serious incident attributable to a lack of protection, the organization therefore bears the full cost of supplemental compensation on its own, unless a separate insurance policy has been purchased to provide additional coverage. The CFE serves as a useful foundation, but it does not provide comprehensive coverage for the duty of care.
ISO 31000 is a guideline standard; it is not certifiable and is not legally binding. Nevertheless, it is increasingly viewed as a benchmark: in the event of a dispute, a judge may assess the effectiveness of the employer’s risk prevention measures in light of the best practices outlined in the standard. Aligning with ISO 31000 is therefore a concrete way to demonstrate compliance with one’s safety obligations.
Yes, to a large extent. Case law has recognized the employer’s liability for an event that occurred outside of working hours, provided that the employee was exposed to the risk simply by virtue of being assigned to work abroad. The duty of care therefore extends to the living environment that the organization requires its teams to accept, and not just their working hours: housing, commutes, areas frequented, and safety guidelines all fall within the scope of this duty.
The Legal Framework
Article L4121-1 of the Labor Code (duty of care, preventive measures, information, and training) — primary source: the employer shall take the necessary measures to ensure the safety and protect the physical and mental health of workers (Légifrance). Legifrance
The Definition of Gross Negligence (Section 3, ¶ 2)
Established by the “asbestos rulings” of the Social Chamber on February 28, 2002, and subsequently consolidated by the Plenary Assembly on June 24, 2005 (No. 03-30.038): a breach of the duty of care constitutes inexcusable fault when the employer was or should have been aware of the danger to which the employee was exposed and failed to take the necessary measures to protect the employee from it. It is worth noting a nuance that the page already reflects: since the Air France ruling, the Labor Chamber has shifted from an obligation of safety of result to a “reinforced” obligation of means—the employer may be exempted from liability if it proves that it took all preventive measures. Cairn.infoCFDT
Presumption of a Work-Related Accident While on a Business Trip (Block 4, Case 1)
Cass. soc. July 19, 2001, No. 99-21.536 (employee who died while on a business trip to China). Since 2001, the Court of Cassation has held that any accident occurring during a business trip in France or abroad is presumed to be a work-related accident, unless the trip was interrupted for personal reasons. Ambrelia
An Expatriate Attacked in a High-Risk Area (Section 4, Case 2, and FAQ Q6)
This is Cass. soc. December 7, 2011, No. 10-22.875, published in the bulletin (the so-called “Abidjan” case, Sanofi Pasteur). I just checked it on Légifrance: an employee hired by Sanofi Pasteur and assigned to Côte d’Ivoire was the victim of an assault in Abidjan on April 28, 2004; her claim for recognition of inexcusable fault was deemed inadmissible on the grounds that she was an expatriate. The employer was then held liable on the basis of contractual liability because it bears civil liability for the safety of its employees abroad whenever it is aware of a risk and fails to take sufficient measures, including outside of working hours. LegifranceSecuritas
The CFE “gap” / inexcusable fault (Block 4, Case 3, and FAQ Q4)
Court of Cassation, 2nd Civil Chamber, July 16, 2020, No. 18-24.942, published. The Court of Cassation overturned the appellate court’s decision, holding that coverage under the CFE’s voluntary insurance is limited to benefits provided under occupational legislation, excluding compensation for the consequences of an employer’s inexcusable fault; consequently, the CFE cannot be required to advance such compensation. Lexbase
The “breach of which the employer was aware” (illustrated in Block 3)
Court of Cassation, 2nd Civil Chamber, May 7, 2009, No. 08-12.998 (“Clarins” case): An employee was hospitalized for malaria after working abroad; the Court criticized the lower court for failing to determine whether the employer—who was necessarily aware of the danger to which the employee was exposed—had taken preventive measures. Cairn.info
