Covid-19 and the end of wearing a mask indoors: can an employer still impose it?

It’s the big day in business. The Ministry of Labor has confirmed this, in an official document, wearing a mask is no longer compulsory indoors. However, can we choose to continue to wear the mask? And can an employer still impose it on his employees?

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It is no longer necessary to wear the mask in the office or in the workshop from Monday 14 March.

But, if an employee is particularly worried about his health, or if he lives with a vulnerable person, he may well, whatever position he occupies in his company, choose to continue to wear the mask. He cannot be penalized for this. This is confirmed by David Guillouet, a lawyer specializing in labor law at MGG Voltaire in Paris:“You should know that employees who want to continue to wear the mask will be able to do so. The ministry also insists on the subject of knowing that the virus continues to circulate and that employees who wish to be able to continue to wear the mask will be able to continue do it and we can’t oppose it.”

For the lawyer, no doubt, the employees will be able to take advantage of government measures and will be able to refuse to wear the mask indoors. In any case, this is the diagnosis of lawyer David Guillouet: “One can imagine that an employer wishes to be particularly hygienist but in my opinion he cannot require his employees to wear the FFP2 mask or any type of mask.”

“In my opinion, employers will not be able to impose the wearing of a mask from the repeal of the health protocol.”

Master David Guillouet

on franceinfo

It is the responsibility of the employer to guarantee the health of its employees and it can be added that the various health protocols published by the Ministry of Labor do not really have binding legal value. It is therefore up to the employer himself to take the appropriate decisions to guarantee the health and safety of his employees.

The guide which has just been published by the Ministry of Labor also recalls that employers must continue to enforce hygiene rules such as regular hand washing, ventilation of premises and regular cleaning of objects and points. of contact that employees are required to touch.

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