From Monday August 30, some French employees will have to present a valid health pass to continue working. All professionals and employees of an establishment where the health pass is required for customers must also present a QR code attesting to their vaccination, a negative screening for Covid-19, or a lesser certificate of recovery. six months.
A measure which, according to the latest feedback from the Ministry of Labor, should concern 1.8 million French people. How it works ? Which companies are affected? Who will carry out the checks and at the risk of what penalties? 20 minutes details the scope of this new government rule.
Which companies are affected?
“The choice was made to reserve the use of the health pass to certain places or events presenting a high risk of epidemic spread”, specifies the Ministry of Labor in its new health protocol for companies. Employees working in establishments requiring a health pass for the public must therefore also hold one.
This concerns commercial catering establishments or drinking establishments – excluding company catering and professional road and rail catering – and professionals working in leisure and cultural establishments (sports halls, cinemas, museums, theaters, nightclubs, festivals and concert halls, amusement parks…). But also those working in department stores, shopping centers of more than 20,000 square meters by decision of the prefect, but also in trains, buses and planes.
Finally, the health pass will be required at fairs, seminars and professional shows but, be careful, it will not apply only to employees. Volunteers, temp workers and service providers will need to show their feet as well.
Certain establishments and businesses, such as car dealerships, banks, or bakeries, will not require a health pass. Why ? Because the health pass is not required there for the public, it is therefore logically not imposed on the professionals working there.
Who is responsible for controlling the health pass?
It is the head of the establishment who will be responsible for monitoring its employees. It is up to them “to authorize by name the authorized persons to check the supporting documents on their behalf. They must also keep a register detailing the persons thus authorized and the date of their authorization, as well as the days and times of the checks carried out by these persons ”, details the protocol of the Ministry of Labor. In each company, “a referent” must be appointed in order to ensure compliance with the entire health protocol. In small structures, the manager can take care of it.
What sanctions are employees and employers exposed to?
If an employer refuses to control its employees, it is initially exposed to a seven-day administrative shutdown. In the event of a repeat offense, he is liable to a fine of 9,000 euros.
Employees, for their part, will be offered another workstation away from the public or will be teleworked if they are not able to present their health pass. If this is not possible, they may be offered to take time off, or, where appropriate, be forced to suspend their employment contract, as well as the payment of their remuneration. They cannot, however, be made redundant.
Professionals subject to compulsory vaccination, such as caregivers, benefit from an additional period of time to present a valid health pass. Beyond October 16, the Ministry of Labor nevertheless specifies that it will no longer be possible for them to work.
How long ?
The health pass is required for professionals at least until November 15. This deadline could be postponed if the epidemic situation requires it.