Employees without health passes may still be made redundant, warns Élisabeth Borne


Invited on BFMTV, the Minister of Labor also affirmed that the vaccination obligation for adults remained “a hypothesis”.

Could the vaccination obligation for certain professions be a step before a general obligation? Asked about BFMTV this Tuesday morning, the Minister of Labor did not exclude it: “Immediately, the vaccination obligation, we can see that we are not going to vaccinate all French people who are not yet vaccinated at the same time”, Noted Élisabeth Borne. Corn “the President mentioned this hypothesis», She recalled.

From the end of August, employees of establishments subject to the health pass will themselves have to present one. Asked to comment on the sanctions that will apply to workers who refuse to comply, Élisabeth Borne was clear: “Employees should not be led to believe that there can be no layoffs. The common law of the Labor Code would apply“, If applicable, she noted.

However, the Minister of Labor has repeated on several occasions that the primary objective remains to convince and facilitate the vaccination of the employees concerned. Outraged “the opening of more than 5 million appointments“These days, the former boss of the RATP stressed that”an absence authorization has been provided in the law to allow the employee to be vaccinated during his working time without loss of remuneration“.

SEE ALSO – Olivier Véran: “I am not in favor of compulsory vaccination for all”

Dismissal less supervised

If on August 30 an individual is not able to provide a valid health pass, the Minister recalled that the law provided “an interview with the employer to see how he can meet his obligation, that he can take RTT, that he can take days off and that he can also see with the employer if he can be repositioned on a workstation that does not require a health pass“. As a last resort, the employee may be suspended from his position while he is in compliance. Which automatically implies a suspension “payment of remuneration»Over the period.

If the bill does not mention dismissal, this solution is not excluded. On the contrary Élisabeth Borne, recalls that the purpose of the initial drafting proposed by the government, modified by parliamentarians, was to protect the employee: “we wanted to regulate the dismissal (…) by saying, in particular, that it could not intervene for two months“. The Senate having removed this mention, this possibility of dismissal is now “less framed», Warned the minister. “Maybe he can intervene soonerShe added.

Elisabeth Borne’s statement on the layoffs is astonishing. First, it contradicts the vote in parliament. Above all, is it necessary to add fuel to the fire as more than 160,000 people demonstrated against the health pass on Saturday?», Reacted on Twitter Bruno Retailleau, president of the group The Republicans in the Senate.

How can we trust a government that brazenly lies to parliament and the French?“, accused
Bastien Lachaud, LFI deputy for Seine-Saint-Denis.

For now, the executive will leave the text as it is, believing that the overwhelming majority of employees will be vaccinated. However, if these provisions were to be extended beyond November, “we will have to come back to Parliament to properly supervise this dismissal procedure”, Noted Élisabeth Borne.

SEE ALSO – California to make regular vaccination or screening mandatory for officials

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