“We expected it”, said Patrick Martin, deputy chairman of Medef, Friday August 6 on franceinfo, concerning the decision of the Constitutional Council to censor the early termination of contract of CDD or temporary workers who do not present a health pass, as initially provided for in the bill sanitary. “We will adapt to it”, he continued, believing that “This does not prevent the contract for an employee who does not produce a health pass from being suspended for up to two months”. According to Patrick Martin, the main difficulty is technical. “Within the allotted time, will the employees of goodwill who were not vaccinated and who would like to be vaccinated have time to receive the two doses?”, he asked himself. This is the reason why the Medef had requested the postponement of the effective date, “but between that and confinement, we prefer to manage the small problems of setting up the health pass”, he concluded.
franceinfo: The Constitutional Council has decided to censor the early termination of contract of fixed-term contracts or temporary workers who do not present a health pass. What do you think ?
Patrick Martin: We are in a state of law. The Constitutional Council has ruled. We comply with what he has decided and all the rants, the turbulence around this decision are quite appalling. As far as we are concerned, we expected it. I myself had underlined this form of inequity between the treatment of permanent contracts and the treatment of fixed-term contracts and temporary contracts, so there is a form of logic in there being a parallel between the three types. contracts. We will adapt to it. This does not prevent the contract for an employee who does not produce a health pass can be suspended for up to two months.
In fact, isn’t there a risk of abuse on the part of employers?
In reality, it will be very complicated for a company to initiate a dismissal procedure against an employee who does not comply with the health pass. The text remains ambiguous, and then there is a normal hazard which is that of the decision of a labor tribunal, if the employee exercises an appeal.
“We are in a period of great difficulty in recruiting. Companies will therefore hesitate to part with an employee, especially an employee who otherwise gives satisfaction, even if he does not have a health pass.”Patrick Martin, Deputy Chairman of Medef
You asked to postpone the implementation of the health pass. Are you worried that this will slow down the economic recovery?
What is holding back the economic recovery is the spread of the virus. We are supporters of the health pass and mass vaccination of the population. Our challenge is for the government’s strategy to be implemented; we fully share it. The difficulty is technical. Will the employees of goodwill, who were not vaccinated and who would like to be vaccinated, have the time to receive the two doses within the allotted time, the incubation time of the vaccine being of the order of 8 to 10 days ? That is why we asked for the extension of the effective date. But between that and confinement, we prefer to manage the small problems of setting up the health pass.