Compulsory health pass for some employees: what happens if I don't have it?

As of August 30, some employees must be holders of a health pass to work.Caregivers, employees of public establishments, such as bars and restaurant employees, firefighters, paramedics, etc.., will no longer be able to go to their workplace without the precious sesame.

What employees are concerned?

All employees working in the establishments on this list are affected by the compulsory health pass: - health, social and medico -social establishments (excluding caregivers) - public transport - bars, cafes and restaurants - museums and monuments - Libraries (with the exception of university libraries and specialized libraries) - Cinemas - Theme - Theme park - Zoos - Outdoor Establishments under the PA type (outdoor swimming pools, sports fields, stages, racetracks, etc.) - sports facilities and cutlery - bowlings - playgrounds and dance halls - hearings, conferences, projection, meetings, shows or multiple uses, relating to the type L– capitals, tents and structures - Establishments for commercial vocation intended to exhibitions, exhibition fairs or salons with a temporary character-cultural, sporting, fun or festive cultural and festive events organized in the Space public or in a place open to the public and likely to give rise to control of access to people - ships and boats

Those who do not have it could be laid off for two months without receiving wages and being dismissed at the end of this period if they have not "regularized" their situation.Tuesday July 20, 2021, the Minister of Labor Elisabeth Borne spoke of certain possibilities.

Take RTT or leave

The Minister declared Tuesday, July 20, at the microphone of BFMTV, that the government would table an amendment in the bill examined in the National Assembly to introduce "the possibility for the employee to agree with his employer to take RTT or daysof leave "and the possibility of" agreeing with another assignment, in a place "where the employee will not be subject to health pass".

It will then be possible to return to this suspension as soon as the employee is able to present a valid health pass and resume his work under normal conditions.

If at the end of these two months, the employee still does not have his health pass, two solutions will be offered to the employer: he may agree with the employee of an additional two months of the employment contract, always withoutsalary or initiate the disciplinary procedure which can carry out until dismissal.

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This dismissal would then be "personal reason", a "real and serious" cause which guarantees dismissal allowances for the employee and the opening of his rights to unemployment.

Controls under the responsibility of employers

The control of health passages in business will be under the responsibility of the employer according to the Minister of Labor who stressed that the verification is "simple with applications that allow you to see the state of the health pass".

A decision that is unworthy of small businesses.Two employers' organizations, the Confederation of Small and Medium Enterprises (CPME) and the Union of Local Companies (U2P), were thus insurgent against this part of the bill, in distinct press releases, published on Monday.

They are in particular opposed to the sanctions which would be subject to business leaders - restaurateurs, operators of cinemas or a transport service - in the event of a lack of control of the PASS for access to their establishment.

The vaccination obligation exists

Are these measures a way to force employees to get vaccinated?If it is not for the moment not voted, compulsory vaccination is already a question.Indeed, the vaccination obligation is not new, it is already applied in some cases.

For caregivers, for example, article L-3111-4 of the Public Health Code specifies: “A person who, in a public or private organization or private care or hosting the elderly, exercises a professional activity'Exposing or exhibiting the people with whom it is responsible for risks of contamination must be immunized against hepatitis B, diphtheria, tetanus, polio and flu.»»

« Normalement, il suffirait de créer l’obligation vaccinale pour le Covid-19 et de l’ajouter à la liste»», explique à actu.fr Emmanuel Gayat, lawyer for JDS lawyers and labor law specialist.According to this expert, an employee who refuses to be vaccinated against the COVVI-19 would then commit a breach which would justify a dismissal.

Discourage

But why, when the current texts make it completely founded the dismissal for a vaccination lack, a special text is rendered for the COVVI-19?

Emmanuel Gayat has an answer: "It is a way of bypassing judges and especially the opinion of the industrial tribunal.»» Pour résumer, les juges devront désormais accepter et appliquer la sentence du licenciement.

In the case of the vaccination obligation, the industrial tribunal, then the Court of Cassation, can debate and call into question the reasons for dismissal.However, according to the lawyer, with this law, it becomes automatic in the event of a non-presentation of a health pass after two months of suspension (except renewal of these two months).

For Emmanuel Gayat, the objective is clear: "It is a way of discouraging people from going to the industrial tribunal.They are clearly told: "There is no point in contesting.You will lose.»»»»

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