“It’s a disappointment”: professionals resigned after the decision of the Constitutional Council


The verdict of the Sages of the rue de Montpensier on the law relating to the management of the health crisis was greeted with some apprehension by the representatives of the sectors concerned.

The long-awaited decision of the Constitutional Council was rendered on Thursday. A disappointment for many professionals whose establishments will be affected by the health pass within a few days, and who hoped to see the text of the law further amended by the Sages of the rue de Montpensier.

From August 9, customers of new public places – bars, restaurants, planes, trains – will be required to present a valid health pass. “These provisions do not establish, in any case, either obligation of care or obligation of vaccination.», Considers the Constitutional Council to support its decision. Nevertheless: on the technical level as on the commercial level, restaurant owners are worried about this development and fear that the sanitary pass will prove to be very restrictive. The representatives of the profession especially hoped that the Sages would lift this obligation on the terrace. A disappointed hope.

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Restaurants fear a drop in attendance

It’s a shock, comments the general delegate of the Syndicat des Indépendants (SDI), Jean-Guilhem Darré. We knew that the sanitary pass would be maintained inside but we did not expect it to remain mandatory on the terrace. Adviser within the Groupement des Indépendants (GNI), Franck Trouet is worried: “controlling the sanitary pass on the terrace is impossible and dangerous. You can’t ask customers to leave: there is nothing more violent than being thrown out of a restaurant», He emphasizes. The representative fears “confrontations»With rejected customers for lack of valid passwords.

Beyond the issue of terraces, restaurateurs observe with apprehension the establishments which preceded them in the implementation of the sanitary pass and fear that their activity will collapse. Sports halls and cinemas have indeed seen their attendance drop since the arrival of the pass. “Currently, we have few customers due to the fall in tourism. There are fears that the health pass will be an additional obstacle in economic terms“, Advances Hervé Dijols, president of the thematic and commercial catering union (SNRTC). And this, while the sector has already endured more than a year of health crisis and confinements.

In a statement, the Umih also expressed its “worry“:”controlling our customers is not our job and this undermines the spontaneity and friendliness of our places, while the few excesses that have been observed do not reassure us», Declares the confederal president of the organization, Roland Héguy. The Umih remains opposed to the sanitary pass on the terrace, and emphasizes “uncertainties»On the obligation of the pass for employees.

Concern for patients in hospital

Caregivers, for their part, fear that the health pass will limit access to their establishments. The Constitutional Council validated the principle of the health pass to the hospital, while demanding that it not do “obstacle to access to care“. A fuzzy limit that will be left to the appreciation of caregivers. “Non-emergency patients risk being deprived of access to scheduled care, people in emergencies or in palliative care will be deprived of the presence of their loved ones without a health pass, explains the spokesperson of the National Union of Nursing Professionals CFE-CGC Thierry Amouroux. It goes against the hospital’s vocation as a place of asylum, for all», He regrets.

CDD, CDI and interim on an equal footing

Another point of importance: in its decision, the Constitutional Council prohibits the early termination of the contracts of employees on fixed-term or temporary contracts if they do not present a health pass. They are therefore protected like employees on permanent contracts, to avoid any “difference in treatment between employees depending on the nature of their employment contract“.

The president of the Confederation of Small and Medium Enterprises (CPME), François Asselin, sees a “logicTo put CDD, interim and CDI on an equal footing. He worries, however, to see a new blur take hold. “From now on, fixed-term contracts can be suspended. But concretely, what does that mean? We are still in legal “no man’s land” and that does not really simplify the position of employers.He sighs.

A concern shared by the independents. “If an employee on a CDD does not have a health pass, we still do not know what to do, laments Jean-Guilhem Darré, who fears seeing companies completely disorganized. Will we have to recruit someone else, when we are already short of manpower? Do we suspend the employee? It will generate recourse for a long time», Warns the representative.

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Shopping centers suspended from the decisions of the prefects

Third major decision, the Constitutional Council validated the capacity offered to the prefects to extend the health pass to shopping centers, in the departments where the health situation warrants it. A decision bitterly welcomed by the sector: “it is a disappointment. It was thought that the Constitutional Council had sufficient reasons to censure the measures concerning shopping centers», Regrets Gontran Thüring, General Delegate of the National Council of Shopping Centers (CNCC).

Numerous technical points also remain to be clarified: in a shopping center affected by the obligation of the pass, will delivery men and other external personnel have to submit to it? From when will this rule apply to employees in shops? An implementing decree should shed light on these points in the days to come. “We also hope that the time between the prefectural decree and the date of obligation of the pass will be sufficient.», Adds Emmanuel Le Roch, general delegate of the Federation for town planning and the development of specialized trade (Procos).

Hoped-for financial boost

Despite the absence of major questioning of the health pass by the Constitutional Council, François Asselin wants to remain optimistic. Many bosses, in sports halls for example, are already experimenting White the health pass, and it’s not going too badly, he assures while asking the authorities for benevolence in the controls.

A very relative optimism that SDI does not share. “Commercially, the next few weeks will be complicated, worries Jean-Guilhem Barré. Our activity can only decrease, since only half of the French are vaccinated and can come to our places without tests.. The union official is therefore asking the government to restore aid to its previous level. Same story for the Umih, who demands “the extension of support systems“. Restaurant owners will not fail to put this subject on the table on August 30, during their meeting with the boss of Bercy, Bruno Le Maire, to discuss government aid measures.

To see also – “No one will be deprived of care depending on the health pass”, reassures Olivier Véran

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