"It's a disappointment": professionals resigned after the decision of the Constitutional Council

The long-awaited decision of the Constitutional Council was rendered on Thursday.

A disappointment for many professionals whose establishments will be affected by the health pass within a few days, and who hoped to see the text of the law further amended by the Sages of the rue de Montpensier.

Read also: Health pass: the Sages censor the early termination of a CDD or temporary contract

From August 9, customers of new public places - bars, restaurants, planes, trains - will be required to present a valid health pass.

"

These provisions do not establish, in any case, either obligation of care or obligation of vaccination

", considers the Constitutional Council to support its decision.

Nevertheless: on the technical level as on the commercial level, restaurant owners are worried about this development and fear that the sanitary pass will prove to be very restrictive.

The representatives of the profession especially hoped that the Sages would lift this obligation on the terrace.

Fallen hope.

Restaurants fear a drop in attendance

“

It's a shock,”

comments the general delegate of the Syndicat des Indépendants (SDI), Jean-Guilhem Darré.

We knew that the sanitary pass would be maintained inside, but we did not expect it to remain compulsory on the terrace

”

.

Adviser within the Groupement des Indépendants (GNI), Franck Trouet is worried: “

controlling the sanitary pass on the terrace is impossible and dangerous. You cannot ask customers to leave: there is nothing more violent than being thrown out of a restaurant,

”he emphasizes. The representative fears "

confrontations

" with rejected customers for lack of a valid password.

Beyond the issue of terraces, restaurateurs observe with apprehension the establishments which preceded them in the implementation of the sanitary pass and fear that their activity will collapse. Sports halls and cinemas have indeed seen their attendance drop since the arrival of the pass. “

Currently, we have few customers due to the drop in tourism. We fear that the health pass will be an additional obstacle in economic terms,

”suggests Hervé Dijols, president of the thematic and commercial catering union (SNRTC). And this, while the sector has already endured more than a year of health crisis and confinements.

In a press release, Umih also expressed its “

concern

”: “

controlling our customers is not our job and this undermines the spontaneity and friendliness of our places while the few overflows that have been observed do not reassure us

”, declares the confederal president of the organization, Roland Héguy.

The Umih remains opposed to the sanitary pass on the terrace, and underlines "

uncertainties

" on the obligation of the pass for employees.

CDD, CDI and interim on an equal footing

Another important point: in its decision, the Constitutional Council prohibits the early termination of the contracts of employees on fixed-term or temporary contracts if they do not present a health pass. They are therefore protected like employees on permanent contracts, to avoid any “

difference in treatment between employees depending on the nature of their employment contract

”.

The president of the Confederation of Small and Medium Enterprises (CPME), François Asselin, sees a "

logic

" in putting CDD, interim and CDI on an equal footing. He worries, however, to see a new blur take hold. “

From now on, fixed-term contracts can be suspended. But concretely, what does that mean? We are still in legal “no man's land” and that does not really simplify the position of employers,

”he sighs

.

A concern shared by the independents.

“

If an employee on a fixed-term contract does not have a health pass, we still do not know what to do,

laments Jean-Guilhem Darré, who fears seeing companies completely disorganized.

Will we have to recruit someone else, when we are already short of manpower?

Do we suspend the employee?

It will generate recourse for a long time,

”warns the representative

.

Shopping centers suspended from the decisions of the prefects

Third major decision, the Constitutional Council validated the capacity offered to the prefects to extend the health pass to shopping centers, in the departments where the health situation warrants it.

A decision bitterly welcomed by the sector: “

it's a disappointment.

We thought that the Constitutional Council had sufficient reasons to censor the measures concerning shopping centers

”, regrets Gontran Thüring, general delegate of the National Council of shopping centers (CNCC).

Read also: Shopping centers: confusion around the sanitary pass

Numerous technical points also remain to be clarified: in a shopping center affected by the obligation of the pass, will delivery men and other external personnel have to submit to it?

From when will this rule apply to employees in shops?

An implementing decree should shed light on these points in the days to come.

"

We also hope that the time between the prefectural decree and the date of obligation of the pass will be sufficient

", adds Emmanuel Le Roch, general delegate of the Federation for town planning and the development of specialized trade (Procos).

Hoped-for financial boost

Despite the absence of major questioning of the health pass by the Constitutional Council, François Asselin wants to remain optimistic

.

"

Many employers, in sports halls, for example, are already experimenting

"

white

"

sanitary passes, and it does not go too bad

"

,

he assures while asking the authorities to goodwill in the controls.

Read also: In France, several health pass fraud systems dismantled

A very relative optimism that SDI does not share. “

Commercially, the next few weeks will be complicated,

worries Jean-Guilhem Barré.

Our activity can only decrease, since only half of the French are vaccinated and can come to our places without tests

”

.

The union official is therefore asking the government to restore aid to its previous level. Same story for the Umih, which demands "

the extension of support systems

". Restaurant owners will not fail to put this subject on the table on August 30, during their meeting with the boss of Bercy, Bruno Le Maire, to discuss government aid measures.