The new health protocol concerning the rules for returning to the office was posted on June 2.
This document serves as a reference to define the rules to be applied not only at the health level, but also on the general organization of work, from June 9.
Here is a summary of the main takeaways.
1. Teleworking remains the rule
To “fight effectively against the pandemic”, as the Minister of Labor, Élisabeth Borne, reminded the Parisian, this practice should always be favored when possible.
2. 100% teleworking is no longer the norm
From now on, it is up to each company to define a minimum number of days worked remotely, via social dialogue.
"This must be the starting point of an impetus to find the right balance between face-to-face and distance, and to set up new practices", also indicated the Minister of Labor.
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This balance implies that the return to the office is gradual.
"An employer who would force his employees to return to the site 100% from June 9, would violate the protocol," said Minister Élisabeth Borne.
The unions could then seize the labor inspectorate.
3. Strict health guidelines
In company premises, wearing a mask remains compulsory, with the exception of individual offices.
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The employer has the obligation to take charge of the supply of the masks.
Since last July, the public authorities have been recommending that companies provide for a preventive stock of masks lasting ten weeks, ”explains Anne-Lise Castell, lawyer at Éditions Tissot.
And "no exemption is currently provided for vaccinated employees."
The employer must also ensure that the premises are well ventilated.
Each employee must have a distance of one meter all around him.
As for meetings, “audio or videoconferencing” tools should be preferred.
4. Flexibilities in the canteens
While until now they could only have lunch alone at the table in the canteen or at their workstation, employees will be able to rediscover some of their moments of conviviality.
In canteens, the gauge is set at 50% of the total capacity, with a maximum of six people per table.
The space between tables must be 2 m, unless a wall is placed between the two.
Company restaurants must always offer take-out baskets.
They must be ventilated at two separate points for a few minutes every hour.
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The pots, which had been suspended since the end of October, are again authorized.
In compliance with the rules of distancing and preferably "in outdoor spaces with no more than 25 people".
5. What happens if an employee refuses to come to the office?
This question is not settled by the protocol.
“If the employer wants his employees to come back, he must explain very clearly why teleworking has become impossible.
But if one of its employees is on the list of vulnerable people and does not wish to return to the office, it will be difficult to oppose it, ”said Dahlia Arfi-Elkaïm, lawyer at the business firm JDB Avocats.
The list of vulnerable people can be consulted on the health protocol.
“This will be assessed on a case-by-case basis, seeking the advice of the occupational physician if necessary,” she explains.
For other reasons, everything will depend on the justifications provided by the employee and the goodwill of the employer. "Without valid justification, sanctions could be considered," says master Arfi-Elkaïm. However, the lawyer advises against imposing the takeover by force.
