Compulsory health pass at work from August 30: are you concerned?

The health pass is about to become compulsory for employees of establishments open to the public.

Le Figaro

recapitulates the different modalities of the device.

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Who are the employees concerned?

Employees who must be able to prove that they have a health pass (complete vaccination certificate, negative test of less than 72 hours, or proof of recovery from Covid-19 of at least 11 days and less than 6 months) from of August 30 are those who work in the following places:

Places of activity and leisure

• Audition, conference, screening and meeting rooms

• Concert and performance halls

• Cinemas

• Museums and temporary exhibition halls

• Festivals

• Closed and covered sports establishments as well as sporting events (including outdoor amateur sporting events)

• Outdoor establishments (sports fields, stadiums, swimming pools, etc.)

• Conservatories, when they welcome spectators, and other places of artistic education with the exception of professional practitioners and people engaged in professional training

• Gaming rooms, escape-games and casinos

• Zoological parks, amusement parks and circuses

• Marquees, tents and structures

• Fairs and exhibitions

• Professional seminars for more than 50 people, when they take place in a site outside the company

• Libraries (except university and specialized ones such as the National Library of France)

• Cultural events organized in higher education establishments

• Fairgrounds with more than 30 stands or attractions

• Ships and cruise ships with catering or accommodation

• All cultural, sporting, fun or festive events, organized in public space or in a place open to the public likely to give rise to a control of the access of people.

Places of conviviality

• Discos, clubs and dancing bars

• Bars, cafes and restaurants, with the exception of canteens, company restaurants, take-out sales and truck stops, as well as room services and breakfasts in hotels

Public transports

• Long-distance transport, namely reservation trains (for example, TGV), national flights or interregional coaches.

Large shopping centers of more than 20,000 m2

(the decision must be taken by the prefect).

Health facilities

(compulsory health pass since August 9, to have received a first dose of vaccine from September 15 and to have a complete vaccination schedule from October 16).

Read alsoCan the health pass become the rule for all employees?

Does the health pass obligation apply to all staff in the locations concerned?

According to the Ministry of Labor, all "

employees, volunteers and other people who work in places, establishments, services or events

" of the establishments in the above list are concerned by the obligation to present a health pass, unless their activity is carried out:

• in spaces not accessible to the public (eg offices);

• outside opening hours to the public.

For cafes, bars and restaurants, the health pass cannot therefore be required for employees who work only "

in the context of the take-away sale of prepared meals

".

In addition, "

personnel carrying out deliveries are not subject to the obligation of a health pass, as are those carrying out emergency interventions

".

The obligation however applies to temporary workers and consultants in contact with the public.

Underage employees (like apprentices) will not be affected by the obligation until September 30.

Who will be responsible for controlling the employee health pass?

In the establishments mentioned above, managers must ensure that their teams and all those working in the premises in contact with the public (temporary workers, outside workers, etc.) have a valid health pass.

To carry out the checks, they are invited to download the TousAntiCovid Verif application.

They may also "

authorize by name the persons authorized to check the supporting documents on their behalf

".

Is the mask still compulsory for employees of establishments subject to the health pass?

From August 30, when the health pass will become mandatory for professionals, they will no longer be forced to wear a mask, says the executive.

The mask can however be made compulsory when the local situation justifies it by decision of the prefect, the operator or the organizer.

Will companies have to pay for the tests of their employees who do not want to be vaccinated?

The question is not that simple.

The tests could be considered as professional expenses, but no provision has been made to date for the coverage by the employer, reported master Benoit Sevillia, labor law lawyer interviewed by Le Figaro for an article on the subject. .

In addition, "

the time necessary for carrying out a test is not actual working time

", according to the Ministry of Labor.

What penalties in the event of refusal to present the health pass?

If an employee of one of the places concerned by the obligation of the health pass refuses to present his pass, he "

may, in agreement with the employer, set conventional days of rest or paid leave

".

In case of refusal, "

the employer will be required to suspend the employee's employment contract until the situation is regularized

", according to the Ministry of Labor.

The employee can also be reassigned to tasks which do not require the presentation of the pass and where he is not in contact with the public “

if the needs and the organization of the company allow it

”.

What are the next deadlines?

The personnel of health establishments will have to justify a first dose of vaccine before September 15 and a complete vaccination schedule by October 16 to continue to exercise their profession.

In healthcare establishments, "

employees of external companies intervening occasionally, that is to say on a non-recurring basis for very short-term tasks, are not subject to the vaccination obligation

", however, specifies the Ministry of Labor.

Employees intervening for "

a delivery company or an urgent repair

" will not therefore be obliged to be vaccinated to access these establishments.

However, employees performing "

heavy work in the company (renovation of a building) or cleaning services due to their recurring nature

" will

be subject to the vaccination obligation

.

How long should the health pass obligation last, and could it be extended?

The implementing decree provides for the end of the device on November 15, 2021 but it could be renewed "

if the Covid does not disappear from our lives in the next three months

" confided Olivier Véran during a press conference on Thursday August 26. It would then be necessary "

a new text of law, which would be again debated in Parliament

" he specified. The vaccination obligation will remain in force.

If the epidemic were to gain ground, the health pass could however see its scope extended, according to some lawyers interviewed by

Le Figaro

. Trade union, political and religious activities should however be spared, even in the event of the epidemic deteriorating. A decision of the Constitutional Council had been taken in this direction, on May 31: "

the notion of leisure activity [...] notably excludes political, trade union or religious activity

", recalled the Sages of the rue de Montpensier. The political meetings of the presidential campaign should therefore not be subject to the health pass.