Are suspended caregivers entitled to another job?

“The nurses at the hospital are being laid off without pay, they are not being fired. They do not have the right to find a job elsewhere. But they do not receive their salary and they do not have the right to claim aid. “In a video that has been circulating for a few days on social networks, an opponent of vaccination who presents herself as a liberal nurse denounces the situation of suspended caregivers,” forced to no longer be able to work “. Since September 15, health personnel have been required to be vaccinated for the first time. And since October 15, all must have a complete vaccination schedule. Without it, they are effectively laid off. Today, the state identifies 0.6% of unvaccinated.

In the comments, many liberal caregivers testify to their obligation to go out of business. But some Internet users do not sympathize: “You just have to go get vaccinated like the majority of French people. “” If they really wanted to work they would already be vaccinated, I don’t pity them. “

What are the real rights of laid-off nursing staff? 20 minutes conducted the investigation.

FAKE OFF

“Agents banned from exercising for lack of vaccination obligation and suspended in application of the law of August 5, 2021 may exercise another activity than the job for which they are suspended. In this specific case, the exercise of this other activity does not require an authorization to accumulate activity, ”says the Ministry of Health to 20 minutes.

First of all, there is the case of civil servants, employees of the hospital civil service. “As soon as they are suspended, they can work elsewhere”, explains Jérôme Campestrini to 20 minutes. And the lawyer, who defends suspended caregivers, to illustrate: “Some of my clients are currently cashiers. The Ministry of Health explains that the agent “nevertheless remains linked to the public service and therefore remains subject to his obligations”.

Then there is the case of caregivers in the private sector, who represent 22.9% of the total workforce, according to the Dress. “It depends on their contract, and the exclusivity clause. It could effectively prevent an employee from finding another job, ”explains Caroline André-Hesse, lawyer. A “very rare” clause, according to Jérôme Campestrini.


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