Health pass: what procedure for refractory employees?

The presentation of a health pass has been imposed since Wednesday in many cultural, sporting and recreational venues with more than 50 people. Only customers are affected for the moment. Employees will have to take the same precautions from August 30. But what will happen to those who refuse the vaccine?

From the end of August, employees of companies open to the public will have to present a health pass to continue working. The government has made a series of arrangements with the employer for two months to avoid dismissal. He also eased the sanctions.

If an employee cannot present a valid health pass to his employer, proof of a complete vaccination or an infection in the Covid-19 at least 11 days and less than six months ago, he will need to test negative every other day. A technique that can be expensive. The tests will become paid from the fall.

If from August 30, the employee or civil servant has not complied, the employer will have the possibility of suspending his employment contract and his salary for a maximum of two months.

>> Health pass, vaccination obligation … How should employers control their employees?

After this period, if the employee has not completed his vaccination course and does not present a negative covid-19 test, then the employer may initiate disciplinary proceedings: a warning, a layoff, or even a dismissal.

If there is a dismissal, it will be for personal reasons, said Tuesday, July 20 Elisabeth Borne, Minister of Labor, on BFMTV. With obligation for the employer to pay compensation. This entire procedure also applies to caregivers and non-caregivers who work in contact with vulnerable people. They must be vaccinated by September 15.

Currently under discussion in the National Assembly, the bill should experience some relaxation at the initiative of the government, which intends to table an amendment. The latter should allow an employee without a valid vaccination pass from August 30, to ask for RTT or days of leave the time to comply. With the employer’s agreement. He will thus be able to avoid the suspension of his employment contract and continue to receive his salary.

“The objective is that we find solutions for the employees before the dismissal.”Elisabeth Borne, Minister of Laborat BFMTV

The amendment also offers another solution. The employer may offer an employee who has not been vaccinated or who has not been regularly tested another position where he is not in contact with the public.

The government finally softened the sanction for the employer who would not control the health pass. Instead of the 45,000 euros initially planned, the penalty drops to 1,500 euros. In the event of a repeat offense, the penalty will be increased to 9,000 euros and one year of imprisonment. For the employee, the fine is 135 euros.

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