This Monday marks the extension of the health pass in many public places such as bars and restaurants but also long-distance transport.
In an interview with the
Journal du Dimanche
, the Minister of Labor, Élisabeth Borne, explained that the government wishes to "
privilege pedagogy and above all facilitate the vaccination of employees
" for the companies concerned.
Read also: Health pass: restaurant owners faced with the difficult implementation of controls
According to the implementing decree, published on Sunday in the Official Journal, these are "
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 times when they are accessible to the public, with the exception of delivery activities and except for emergency intervention
”.
For employees who do not wish to be vaccinated, suspension of the employment contract can be considered as a last resort. The law no longer allows the dismissal of an employee who has the obligation to be vaccinated but refuses to do so. However, a certain vagueness still persists around the Labor Code and other reasons that companies could use to dismiss unvaccinated employees.
Before going as far as the suspension of the employment contract, Élisabeth Borne evokes the possibility of "
agreeing to a temporary assignment on a position which is not subject to the health pass
", to ask for days off and RTT or switch to 100% telework if the position allows it. "
It is only if none of these solutions is possible that there can be a suspension of the employment contract
", she specifies.
Indeed, after August 30, if no solution is found, the employees concerned recalcitrant to the vaccination will have their employment contract and their remuneration suspended. "
Our logic is simple: after August 30, if you work in an establishment subject to the health pass, you must have a health pass yourself to ensure that there is no risk of contamination in this place.
If you can't produce it, you won't be able to work on it,
”she said.
In this case, the employee concerned will not be entitled to unemployment benefits.
“
This is not a breach of contract, so there will be no right to unemployment benefits,
” she explained.
A precision that is highly controversial on social networks.
No unemployment benefits since the contract is not broken
At the origin of the rallies every Saturday in front of the Ministry of Health against containment measures, curfews or the health pass, Florian Philippot, leader of the Les Patriotes party, marks his total disapproval of this operation.
Many Internet users are also questioning the legality of this announcement.
But the legality of this provision is however not in doubt, according to Anthia Thiongane, lawyer in labor law.
“
It's completely legal.
To receive unemployment benefits, the contract must necessarily be terminated.
In this case, the contract is suspended and no legal mechanism is foreseen to provide replacement income.
It's like unpaid leave such as a sabbatical.
"
But even legal, this provision accentuates the consternation of some Internet users.
This Saturday, some 237,000 people marched across France against the health pass in France, the strongest mobilization so far, according to figures from the Ministry of the Interior.
A new mobilization is scheduled for Saturday August 14.