"This is not a breach of contract, so he will not be entitled to unemployment benefits."
The response to Elisabeth Borne's JDD this Sunday is clear.
If an employee supposed to have the health pass deviates from this rule, he will not receive anything.
Neither salary, as we already knew, nor unemployment benefit, specifies the Minister of Labor.
From August 30, the staff of establishments where the health pass already applies or will apply from this Monday (restaurants, cafes, cinemas, etc.) must also have it.
The implementing decree published this Sunday in the Official Journal provides that “employees, public officials, volunteers and other people who intervene in the places, establishments, services or events concerned, when their activity takes place in the spaces and at the hours when they are accessible to the public, with the exception of delivery activities and except emergency response ”.
Doses of vaccine "arrowed"
In the event of a breach of this rule, the person in question will no longer be able to occupy his position, the time to be vaccinated (or to carry out regular tests).
"I am aware that the suspension of the employment contract and therefore of the remuneration is difficult for the employee concerned, but the objective is to give him time to comply with his obligation, avoiding a disciplinary sanction", justifies Elisabeth Borne .
"If an employee decided never to fulfill his vaccination obligation, then we would enter into a process of common law, with the possibility of termination of the employment contract," then warns the minister.
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To support employees towards vaccination, it was requested in writing "to regional prefects and regional health agencies to get closer to representatives of employers and employees, and to look in each territory how the employees who need it can rapid access to vaccination ”. Elisabeth Borne thus intends to “target vaccine doses accordingly, mobilize occupational medicine or organize priority accesses in the event of difficulty”.
