Could the vaccination obligation for certain professions be a step before a general obligation?
Asked about BFMTV this Tuesday morning, the Minister of Labor did not exclude it: "
in the immediate future, the vaccination obligation, we can see that we are not going to vaccinate all the French who are not yet vaccinated at the same time. time,
”noted Élisabeth Borne.
the President mentioned this hypothesis
", she recalled.
Read also: What awaits employees affected by the health pass
From the end of August, employees of establishments subject to the health pass will themselves have to present one. Asked to comment on the sanctions that will apply to workers who refuse to comply, Élisabeth Borne was clear: “
We must not let employees believe that there can be no layoffs.
The common law of the Labor Code would apply
", if necessary, she noted.
However, the Minister of Labor has repeated on several occasions that the primary objective remains to convince and facilitate the vaccination of the employees concerned.
In addition to "
the opening of more than 5 million appointments
" these days, the former boss of the RATP stressed that "
we have provided for in the law an authorization of absence to allow the employee to get vaccinated during working hours without loss of pay
Dismissal less supervised
If on August 30 an individual is not able to provide a valid health pass, the minister recalled that the law provided for "
an interview with the employer to see how he can meet his obligation, that he can take
RTT, that he can take days off and that he can also see with the employer if he can be repositioned on a position that does not require a health pass
As a last resort, the employee may be suspended from his position while he is in compliance.
This automatically implies a suspension of “
payment of remuneration
” over the period.
Read also: Macron awaits the opinion of the Constitutional Council on his health pass
If the bill does not mention dismissal, this solution is not excluded. On the contrary Élisabeth Borne, recalls that the purpose of the initial wording proposed by the government, modified by parliamentarians, was to protect the employee: “
we wanted to supervise the dismissal (...) by saying, in particular, that he could not not intervene for two months
”. The Senate having removed this mention this possibility of a dismissal is now "
", warned the minister. "
Maybe he can intervene sooner,
" she added.
For now, the executive will leave the text as it is, believing that the overwhelming majority of employees will be vaccinated. However, if these provisions were to be extended beyond November, "
we will have to come back to Parliament to properly supervise this dismissal procedure
," noted Élisabeth Borne.