Health pass project in business: failing this, it will be “telework” or “contract suspension”, provides a lawyer


EPIDEMIC – The establishment of a health pass in companies divides. During a consultation with the Minister of Labor, the unions say they are hostile. On the employers’ side, we wonder about the practical and legal modalities.

Every morning, in his carpentry, Jean Poulallion, Chairman and CEO of Metzger, checks his employees’ professional badges. So if he has to check their health pass soon, that will only be one more formality in his eyes. “If I check their badges, authorized to go to work on a site, why not check their vaccination pass at the same time?”, he asks. But for Didier, the workshop foreman of this company, it is a real logistical challenge. “The situation is not going to be easy”, he warns.

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The health pass, a new daily tool

If the health pass rule is extended to all societies, more than 25 million people would be affected. For the employees questioned Monday, December 20 by the TF1 newscast, in the district of La Défense, near Paris, where there are many headquarters of large companies, opinions are divided. “I don’t mind since I’m vaccinated“, some say. “My employer does not need to know if we are vaccinated or not”, think others.

“Teleworking or suspension of the contract”

But then, will it be possible for an employee to refuse the control of his health pass when entering his company? For Amélie d’Heilly, associate lawyer at “Latournerie Wolfrom Avocats” in Paris, “if you do not have the health pass, that you are subject to it and that you do not present it or that it is not valid, you cannot force your employer to welcome you in its premises. issue, it will possibly be teleworking if you have a teleworking position or the suspension of the contract, but there are no other solutions“, she replies.

Consultations are underway even if the social partners are for the moment rather hostile. But for the government, this is a necessary step in order to better control the epidemic. “Today, we know that 90% of eligible French people are vaccinated, 10% who are not. We must encourage them, force them, push them to be vaccinated. stronger constraints, especially in the company “, explains Roland Lescure, president (Larem) of the Committee on Economic Affairs at the National Assembly.

Read also

  • Covid-19: the corporate health pass could be included in the text on the vaccine pass
  • Covid-19: will the health pass soon be compulsory for work?

In the meantime, a bill will be considered in parliament next month. The goal is to implement it at the end of January or the beginning of February.

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