The Minister of Labor explained that employees concerned by the obligation to have a health pass at the workplace and who will not submit to it will have their employment contract suspended without remuneration. They will be able to pose RTT.
Asked about the modalities of setting up the health pass, the Minister of Labor Elisabeth Borne explained on July 20 that employees who do not present the famous sesame in positions where it will be compulsory from the end of August would see their employment contract suspended without pay. “We introduced a new procedure [de] suspension of the employment contract, obviously without remuneration, and as soon as the employee has a valid health pass, then we can reverse this suspension, ”explained the Minister on BFM TV.
Élisabeth Borne: “We have introduced a procedure for the suspension of the employment contract, without remuneration” for employees without a valid health pass pic.twitter.com/45FxjU6tPA
– BFMTV (@BFMTV) July 20, 2021
The suspension of the employment contract may be extended for two months. Then, either the employer and the employee “agree to continue this suspension of the employment contract”, or the employer “can initiate the disciplinary procedure which applies when a vaccination obligation is not fulfilled, that is – that is to say a warning, a layoff and that can go as far as dismissal ”. “It leaves time for the employee to convince himself of the importance of being vaccinated and I am really convinced that this will essentially be what will happen,” she said.
It is a real and serious cause of not being able to finally do one’s job
She specified that if there was to be a dismissal, it would be “a dismissal for personal reasons”. “It is a real and serious cause of not being able to finally do your job, since you cannot stay at your place of work,” she added, specifying that a dismissal would be “with all guarantees of the procedure provided for in this case and with severance pay for the employee ”.
Possibility “to agree on another assignment, in a place” where the employee will “not be subject to the health pass”
To reflect, reluctant employees can always “take RTT or days off”, according to Elisabeth Borne, who mentions a government amendment that will be introduced on July 21 to the bill, currently under consideration in the National Assembly . There will also be, according to her, the possibility “to agree on another assignment, in a place” where the employee will “not be subject to the health pass”.
The Minister underlines that, concerning the controls, “as for the customers”, the employer will be “responsible for controlling the sanitary pass” of the employee. “The verification is simple”, she judged, invoking “applications” allowing “to see the state of the health pass, to know if it is valid or not”.
These words of the minister and her announcement of the amendment introducing the possibility of asking for RTT or holidays attempt to temper a passage of the bill on the health pass validated by the law committee of the National Assembly during the night from July 20 to 21, where one can read: “The fact of no longer being able to exercise one’s activity for a period exceeding two months due to non-compliance with the obligation to present the supporting documents mentioned […] may be a specific reason justifying the final termination of functions or the termination of the employment contract. “
After twelve hours of debate and the examination of some 600 amendments, the deputies adopted the text in committee shortly after 5 a.m. on the morning of July 21. Strongly contested by a fringe of public opinion, and this even in the street, this text reflects the announcements of July 12 by Emmanuel Macron, of the vaccination obligation for caregivers with the health pass (proving the complete vaccination, a negative test recent or immunization) for access to cafes, restaurants and trains from early August.