Definitively adopted, the bill relating to the management of the health crisis includes, among its measures, an “
interruption of the payment of remuneration
” for employees who do not have a validated health pass, in the sectors where it will be required, as well as a “
suspension of his employment contract
And these points do not win the support of small bosses.
Read also: Health pass: a complex balance between health and freedoms
Asked by France Info, François Asselin, the president of the Confederation of Small and Medium-Sized Enterprises (CPME), expressed his reservation on the implementation of these measures. Unlike outright dismissal, this suspension implies a “
kind of no man's land
”, without “
” for recalcitrant employees, nor “
” for their employers.
I do not really know how all this can be managed concretely
" wonders the president of the CPME, for whom the employer risks finding himself "
in an organizational vacuum
". How, indeed, replace the suspended employee who will not be able to work? For François Asselin, this aspect is a blind spot in the bill. In addition, if the dismissal "
", the employer representative finds this method of termination more advantageous for both parties: "
the employee is covered by his indemnities with the Assedic, when the employer can organize himself and recruit someone
With the suspension, the situation is more delicate, especially for employees: they will not have the right to touch unemployment, nor that of working elsewhere.
A possible new assignment within the company
There remains the possibility for the employees concerned to be assigned, within the company, to a position not subject to the obligation of the health pass.
As specified in the text of the law voted in the Assembly, an employee who, after 3 days of suspension, still does not present a health pass, will be summoned by his employer to "
an interview in order to examine with him the means of regularize their situation, in particular the possibilities of assignment, temporary if necessary, within the company to another position not subject to this obligation
But for François Asselin, this alternative is difficult to implement in practice. "
Put yourself in the place of a restaurateur, can someone who is in the dining room, who is not vaccinated, put him in the kitchen? Great question. It is not always the same skills
”points out the employer representative. Employees and employers can oppose on this subject, he underlines: "
if ever the employee says that the employer could have offered him something else and that the employer, in concrete terms, cannot offer something else, there again, this can be questionable
”. What to give a hard time to the social partners.