From September 1, the teleworking will no longer be compulsory in company. The new health protocol gives managers who so wish the possibility of bringing their employees back to the site five days out of five. “It is now up to the management of the company, in discussion with employee representatives, to define the rules for teleworking”, explained Élisabeth Borne at the microphone of RMC. Public officials will be able to telework for a maximum of three days a week.
With such an instruction, the government now wants to let businesses organize themselves as they see fit. It is also a change of discourse: the executive is now talking about “links [créés] within the work group ”and intends to fight against“ employee isolation ”. Teleworking no longer “participates” in the prevention policy against the coronavirus, according to the new health protocol, he can not [qu’y] to participate “. He takes note, finally, of a phenomenon in companies: nearly 75% of employees had already returned completely in person in July, according to a study by Dares.
The end of wearing a mask is not immediately in closed collective places, even if all your colleagues claim to be vaccinated. “It must be associated with respecting a physical distance of at least one meter between people,” recalls the protocol. A relaxation is nevertheless authorized for employees working alone in an office or a nominative room: the mask can be removed. Ditto in the workshops, “when the ventilation conditions are in conformity, that the number of people present is limited and that these people respect a distance of two meters”.
In places with the status of establishments open to the public where the health pass is applied, the mask wearing obligations are no longer applicable, unless the operator, the establishment director or the prefect requests otherwise.
Except in companies covered by the law (activity and leisure, long-distance transport, etc.), the health pass is not compulsory at work. Your employer cannot therefore ask you for your vaccination status or require the famous document to authorize you to work. The health pass may, on the other hand, be necessary for business trips (TGV, business meals in a restaurant, seminars outside the company with more than 50 people, etc.). The generalization of the health pass to all companies “is currently not relevant,” says Jean Castex.
The health pass is not compulsory in canteens and company restaurants. Only restaurants open to the outside public are affected by the measure.
It is possible to organize “moments of conviviality bringing together face-to-face employees within the professional framework”. This includes welcome and departure drinks. The only obligation: strictly respect barrier gestures. “In this context, it is strongly recommended that these moments of conviviality take place in outdoor spaces. “
In this case, you must take a first test. If it is negative, you can keep going to work, by limiting your contact with vulnerable and at-risk people. A control test should be performed after 7 days. If your first test is positive, you must stop working and self-isolate 10 days from the date of the test.
If the absences to go to be vaccinated – or to accompany his child to be vaccinated – on his working time “are of right”, it is not the same for going to be tested. The State considers that the refusal to be vaccinated is a personal decision and to be absent to be tested for convenience could not be an embarrassment for your employer. You must therefore make an appointment in your free time.
Resumption of professional activity for vulnerable people is authorized face-to-face, with reinforced protection measures: individual office or devices limiting the risk; reinforced barrier gestures; adaptation of arrival and departure times … For employees “particularly at risk” and “when teleworking is not an option”, they will be able, from September 15, to be in partial activity or to receive derogatory daily allowances. To do this, they must show a vulnerability criterion and be assigned to a post likely to be exposed to high viral densities; be severely immunocompromised (which requires a 3rd dose of vaccine); or have a contraindication to vaccination.
“These people must apply for an isolation certificate from their doctor, city or work. This certificate must then be presented to their employer in order to be placed in partial activity. For employees who have already been the subject of an isolation certificate between May 2020 and August 2021, new proof is necessary ”.
If the employee cannot telework, two solutions exist. Placing yourself in partial employment allows you to receive compensation equivalent to 70% of your previous gross salary. “The employee must justify this situation vis-à-vis his employer and be the only parent to benefit from this device”, explains Anne-Lise Castell, lawyer at Éditions Tissot. “It is up to the employer to make the declaration of partial activity. “
Another possibility: work stoppage. “It is possible for employees with a child testing positive for covid-19. This stop is in principle 7 days. The employee concerned benefits from daily allowances paid by Social Security and from the employer supplement without eligibility conditions and without application of waiting periods until September 30, 2021. “
If the child is vaccinated and over 12 years old, he can continue to go to school even if he is in contact: the measures do not apply in this case.