Compulsory health pass at work from this Monday, August 30: how does it work?

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As of Monday, August 30, nearly 1.8 million professionals will in turn have to present a daily health pass to access their workplace. Trades concerned, exceptions, sanctions … La Dépêche du Midi took stock of this new measure.

France turns this Monday, August 30 a new page of its health policy. As Emmanuel Macron announced last July, some 1.8 million professionals will have to submit to the regular presentation of a health pass at their workplace. La Dépêche du Midi explains everything about the new rules that will come into force from this Monday.

A quick reminder: what is the health pass?

The health pass is a document that proves that you have either tested negative for Covid-19, or that you have been vaccinated against the virus, or that you are in remission (and therefore protected) after contracting the disease. You can get it by having a PCR or antigen test of less than 72 hours, or a positive test of at least 11 days (and less than 6 months), which proves that you are in remission. The health pass is also valid for one week after having been completely vaccinated. It is also possible to have a medical contraindication to vaccination.

What professions are concerned?

From Monday, August 30, nearly 1.8 million professionals will have to present a health pass at their workplace. Since August 7, the personnel of health and medico-social establishments and services are subject to presentation of the health pass. All workers who work in places where the health pass is now required are affected by this measure. These include, among others, professionals who work:

  • in bars and restaurants
  • in nightclubs
  • in cinemas
  • in museums
  • in amusement parks
  • in theaters
  • in festivals
  • in closed sports facilities
  • in the game rooms
  • at fairs, forums and exhibitions
  • in fairgrounds with more than 30 attractions
  • in zoos
  • in libraries and media libraries
  • in long-distance public transport (TGV, national flights or interregional coaches)
  • in shopping centers of more than 20,000 m² when the health situation in the department concerned is worrying (more than 200 cases per 100,000 inhabitants), and by decision of the prefectures.

What are the exceptions?

In some cases, the health pass will not be required. This is the case, among others, of professionals who find themselves in spaces not accessible to the public. This exception is not however valid if these same employees are in regular contact with employees who are subject to the health pass. This is the case, for example, with cooks. The exception is also valid for restaurateurs who only offer take-out.

The sanitary pass will not be compulsory either for people who work outside opening hours to the public, for delivery men and workers called for urgent work. Finally, employees under 18 will not be required to present a health pass until September 30.

What penalties if we do not respect the rule?

There are several solutions if the employee refuses to comply with this new obligation. With the agreement of his employer, he can “ask for conventional days of rest or paid leave” during the period when the health pass is in effect (for the time being, until November 15). If the employee refuses this bias, “the employer will be required to suspend the employee’s employment contract until the situation is regularized,” says the Ministry of Labor. The employee concerned may also be reassigned to tasks that do not require the presentation of the health pass: a position in short where he would not be in contact with the public, “if the needs and business organization allow it “.

Will companies have to pay for the tests of employees who do not want to be vaccinated?

From the middle of next October, screening tests against Covid-19, so-called “comfort” tests will no longer be free. “We have decided to act the end of free tests beyond medical prescription”, had announced Gabriel Attal, government spokesperson on Wednesday 11 August. In practice, from this date, the screening tests could be considered as professional expenses. Still, no provision has been made to date for full coverage of these costs by the employer, evokes Me Sevillia, lawyer specializing in labor law, in the columns of Figaro. In addition, the Ministry of Labor indicated that “the time required to carry out a test is not actual working time”.

The difficult vaccination of caregivers

President Emmanuel Macron announced that caregivers were directly subject to the health pass. As of September 15, caregivers who have not been the subject of a complete vaccination schedule will be penalized. Before the sanction, each one does work of pedagogy to convince the reluctant. According to ARS estimates between 85% and 90% of healthcare professionals in Haute-Garonne are vaccinated against Covid-19.

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