Health pass: Élisabeth Borne wants to “privilege pedagogy” for the companies concerned


The Minister of Labor specified that employees will be entitled to “an authorization of absence to be vaccinated during their working time, with maintenance of remuneration”.

The Minister of Labor, Élisabeth Borne, explained that the government wants “prioritize education and above all facilitate the vaccination of employees“For companies affected by the health pass, extended Monday, August 9, in an interview with Sunday Newspaper .

Employees will be able to benefit from “an authorization of absence to be vaccinated during their working time, with maintenance of remuneration ”.

In the sectors concerned, if the employee, whether on CDI, CDD or temporary work, does not comply with the obligation to produce a health pass from August 30, an interview is scheduled with his employer to find out a solution”, continues the Minister, before adding: “He will be able in particular to take days off and RTT or to telework 100% if his position allows it “.

Élisabeth Borne also mentions the possibility of “agree on a temporary assignment to a post that is not subject to the health pass“. “It is only if none of these solutions is possible that there may be a suspension of the employment contract.», She specifies.

Avoid “a disciplinary sanction”

To the question on the suspension without pay for the recalcitrant, the minister replied: “Our logic is simple: after August 30, if you work in an establishment subject to the health pass, you must have a health pass yourself to ensure that there is no risk of contamination in this place. If you can’t produce it, you won’t be able to work on it.

I am aware that the suspension of the employment contract and therefore of the remuneration is difficult for the employee concerned, but the objective is to give him time to comply with his obligation, avoiding a disciplinary sanction», She nuances. In this case, the employee will not be entitled to unemployment benefits.

“Possibility of termination of the employment contract”

There must be a dialogue and the employee must enlighten his employer on his intentions: does he spontaneously indicate to him that he is going to enter a vaccination process, that he will carry out tests until this Is this completed, or, on the contrary, that he refuses any vaccination? The date set for August 30 will allow these exchanges and give the employer the time needed to organize.

She adds: “If an employee decided never to fulfill his vaccination obligation, then we would enter into a process of common law, with the possibility of termination of the employment contract.

Élisabeth Borne assures us that they will be vigilant – “in conjunction with employer and union organizations“- in the event of a multiplication of disputes before the industrial tribunal.

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