The bill comprising the new anti-coronavirus measures which must be presented this Monday in the Council of Ministers before a consideration in Parliament this week will concern all French people. Indeed, to go in certain transport, in places of culture, leisure, health, as well as places open to the public, it will soon be necessary to present a valid health pass. But as Emmanuel Macron indicated during his address to the French last Monday, this obligation will concern customers and users as well as employees in these sectors.
Which employees are affected by the law?
All people working in places where the health pass will be compulsory for customers and users, must also have a valid one. Knowing that from July 21, the health pass will be required to go to a place of culture or leisure bringing together more than 50 people, people working in the entertainment world, for concert halls, in festivals or again, amusement parks must also present a valid health pass. Either with a complete vaccination schedule, or with a negative PCR or antigen test of less than 48 hours, or with a positive covid test of more than two weeks and less than six months, thus proving your immunity.
Same rule for employees working in restaurants, bars, cafes, museums, cinemas or large shopping centers, where the health pass will become compulsory for customers at the beginning of August, Elisabeth Borne indicated on LCI last Tuesday. On the same date, the health pass will be necessary to make a long journey by plane, train or bus. Employees of these transport services are therefore also affected by the new measure.
At the beginning of August, after the promulgation of the law on the state of health emergency, employees of restaurants, cinemas or even museums will also have to be provided with the health pass.
The objective is clear: not to have to close these establishments. pic.twitter.com/mLgPJYgQx7
– Elisabeth BORNE (@Elisabeth_Borne) July 13, 2021
Finally, nursing and non-nursing staff working in contact with fragile people in hospitals, clinics, nursing homes, as well as professionals and volunteers working with the elderly, including at home, must be vaccinated by September 15.
What time frame do employees have?
Asked last Tuesday on France 2, the Minister of Health Olivier Véran indicated that a delay would be granted to employees “of establishments which receive the public”, namely hotels, cafes, restaurants, leisure parks, places and cultural events and large shopping centers. The latter will indeed have until August 30 to present a complete vaccination schedule. This means that employees should receive their first dose by August 1 at the latest. “As of August 30, it will be a test every two days if they want to continue working,” said the minister.
Regarding caregivers, the government has not mentioned an additional delay after September 15. The Minister of Health did not mention in particular the case of employees of transport services making long journeys.
The bill will allow absences during working time without loss of pay to be vaccinated. Proof of a medical appointment will however have to be presented to his employer.
What about fixed-term contracts and new hires?
The law concerns both permanent and fixed-term employees. However, in case of refusal of the health pass of a person on CDD, the terms of termination of contract must be specified by the law.
For hires in places and establishments open to the public, the law indicates that from August 30, the health pass may be requested at the time of recruitment for future employees on CDD or CDI. Regarding health personnel, “at the time of recruitment, the candidate who refuses to be vaccinated and does not demonstrate a medical contraindication may be refused a job, if the position for which he is applying is subject compulsory vaccination, ”said the Ministry of Health. This measure will come into effect on September 15.
What are the risks in the event of non-compliance with the law?
The bill provides that if the employee does not comply with the vaccination obligation or does not present a valid health pass, his contract may then be suspended for a period of up to eight weeks. A period during which he will have to comply, but will not be remunerated. At the end of this period, the Ministry of Labor indicates that if the employee has still not complied with the device, his employer may dismiss him. These sanctions concern both employees in places open to the public and nursing staff.
The bill indicates that employers who do not carry out checks face up to 45,000 euros in fines and one year in prison. However, some parliamentarians intend to reduce this severe sanction. As for employees, if they are checked without a health pass, the bill provides for a fine of 135 euros.
Who will control the employees
In places of culture and leisure, as well as in transport and places open to the public, this task falls to employers. Concerning health personnel, regional health agencies, establishment directors, as well as health insurance, “will be empowered to carry out checks as already exists in common law for other diseases, in particular hepatitis. B ”, detailed last Monday on LCI Olivier Véran, the Minister of Health.