As the vaccination rolls out, employees will find their way back to the office. A new version of health protocol the workplace was communicated to employers on Monday (9/8) by the Ministry of Labor. It includes the vaccination obligation of certain employees but also the extension of the health pass.
As a reminder, from August 30, the employees concerned by the obligation to present a health pass are employees, public officials, volunteers and other people who intervene in the places, establishments, services or events concerned. When their activity takes place in the spaces and at the times when they are accessible to the public, with the exception of delivery activities and except emergency intervention, according to the implementing decree, published this Sunday in the Official Journal. Clearly, these are professionals working in places where the health pass is requested from the public such as restaurants, cultural places or fairs. The employer will be in charge of checking the persons under his responsibility, on the basis of proof.
The law also makes vaccination against Covid-19 compulsory for several professionals, such as staff in hospitals, clinics, nursing homes and retirement homes, firefighters, certain soldiers and professionals and volunteers with the elderly, including at home. This obligation of vaccination or presentation of a certificate of recovery after Covid-19 takes full effect on September 15.
An important clarification: the Ministry of Labor notes that if the person in charge of the establishment concerned is not the employer, it is then the person in charge of the establishment who must check the supporting documents.
Vulnerable vaccinated employees find their way back to the office
After August 30, the employment contract of employees who will not be able to present a health pass will be suspended, as well as their remuneration, if no alternative solution is found. The latter can take the form of days off, RTT or maintaining 100% telework. In this case, the employee concerned will not be entitled to unemployment benefits.
In the event of a suspension of more than three days for non-compliance with the obligation to present the health pass, the employer must organize an interview with the employee during which the means of regularizing his situation such as temporary assignment will be examined. at a post not subject to compulsory vaccination or teleworking. The protocol initially indicated that this interview was to take place ” at the latest within three working days ” but it will be amended to align with the law, specifies the Ministry of Labor.
Finally, according to the new health protocol, vaccinated vulnerable employees can finally find their way back to the office, but with reinforced health protection measures. Until now, they have been kept telecommuting as much as possible. Reinforced protection measures for face-to-face work can be the isolation of the workstation, in particular by providing an individual office or, failing that, its layout, to limit the risk of exposure as much as possible. The schedules can be arranged, or material protections put in place for the worker. A decree should appear this week to maintain the possibility of placing in partial activity or on sick leave employees particularly at risk when teleworking is not possible.