An employee may well be dismissed if he refuses the health pass after August 30, said Tuesday morning the Minister of Labor invited on the set of BFMTV, after the vote in Parliament on Sunday on the disputed extension of the device.
"We must not let employees believe that there can be no dismissal", after the vote of Parliament, which raised the possibility of dismissal for people who do not respect the vaccination obligation or health pass.
"We are in the common law of the Labor Code," she said.
Health pass: "The objective is to convince employees and promote vaccination" affirms Elisabeth Borne pic.twitter.com/aXcCKUiSZz
- RMC (@RMCinfo) July 27, 2021
“We wanted in the law to regulate the way in which we could resort to dismissal, by saying in particular that this dismissal could not take place before two months and was accompanied by compensation for the employee;
the Senate deleted this provision, ”she explained.
Less supervised layoffs
"We must be clear, that does not mean that there will not be a dismissal, it means that he is less supervised, that he can intervene earlier", she added, specifying that, in this case, "we are in the common law of the Labor Code".
"The procedure is not framed (...) there are general provisions of the Labor Code, and if we have to restore a well-framed procedure, protective for the employee as for the employer, we will have to go back to the Parliament, ”she insisted.
“Employees who work in establishments where customers must have a health pass must, beyond August 30, have a health pass.
There is also an obligation of vaccination for employees or professions in contact with the most vulnerable people ”, recalled the Minister.
"The goal, she said, is first to convince and facilitate vaccination."
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The law provides for an "authorization of absence to be vaccinated during his working time without loss of remuneration, and that if the employee cannot provide a valid health pass, he has an interview with his employer to see how he can respond. to its obligation (taking RTT or holidays, repositioning on a position that does not require the health pass), ”recalled Ms. Borne.
“Then, still to avoid disciplinary sanctions, we introduced a procedure for suspending the employment contract if the employee still cannot produce a valid health pass, therefore a suspension of salary.
This suspension can be lifted as soon as the employee produces a health pass, ”she added.
Élisabeth Borne remains convinced that the recourse to the suspension of wages will be "exceptional" and that the vast majority of employees will be vaccinated.