how to use a legal vagueness

While the bill providing for the extension of the health pass was definitively adopted by Parliament on Sunday July 25, its application to workers raises a number of questions. The Constitutional Council, seized by 74 deputies, will render its decision on the measures planned Thursday, August 5.

The essential : What is contained in the bill definitively adopted by Parliament
  • Which workers will be affected by the pass at the start of the school year?

The assets of establishments open to the public are concerned: employees and managers of cafes, restaurants, fairs, department stores or public transport must be able to present a health pass valid from August 30. As a reminder, the latter can be validated by a vaccination certificate, a negative Covid-19 test of less than 48 hours or an immunity certificate for people who had Covid-19 less than six months ago.

  • Who will control the health pass?

It is up to the employer to ensure compliance with the obligations, even if “Currently does not have the right to have access to personal health data” of its employees, notes Jean-Emmanuel Ray, professor at the law school of the Panthéon-Sorbonne University. No need to prove vaccination from August 30, the valid health pass is the only information the employer needs, says the Ministry of Labor.

“The business manager has a heavy obligation of safety towards all his employees, and an employee – tomorrow a customer or a supplier – may not want to be in contact with the unvaccinated”, he explains. Several unions and employers in the catering sector, such as the Union des métiers et des industries de l’hôtellerie (UMIH) or Burger King, admit that they lack details on how to control large workforces, less than a month away. the entry into force of the pass for their employees. Application decrees should specify the methods of control.

In the absence of control on his part, the employer risks a formal notice, an administrative closure of seven days, then imprisonment for one year and a fine of up to 9,000 euros in the event of a repeat offense.

  • What is the risk of an employee on a permanent contract?

If an employee subject to the obligation does not present a valid health pass, he can take days off or RTT with the agreement of his employer. Otherwise, he will be notified by the latter of the suspension of his employment contract, accompanied by the interruption of the payment of his remuneration, until the production of the required supporting documents. To do this, the bill provides for an absence authorization for employees wishing to be vaccinated.

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