► Who is affected by the vaccination obligation?
The law on the management of the health crisis of August 5 establishes a long list of health professionals subject to compulsory vaccination. In summary, these are all the staff of hospitals, establishments, centers and nursing homes or nursing homes, all medical or paramedical professions, firefighters, ambulance attendants but also home helpers working with people touching the disease. personalized autonomy allowance (APA) or disability compensation benefit (PCH).
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The vaccination obligation concerns both caregivers and administrative and technical staff, but also service providers intervening on a recurring and planned basis (secretary, cleaning, laundry, waste management, etc.), temporary workers, trainees and volunteers.
Only employees of outside companies intervening occasionally for very short-term tasks (urgent delivery or repair) are exempt from the obligation.
► What will happen to non-vaccinated professionals?
From Wednesday, September 15, healthcare professionals who do not present their employer with proof of a complete vaccination schedule – or at least a first dose if this is accompanied by a negative virological test result – will be in the inability to exercise.
If they cannot take days off or RTT, they will be suspended from their functions (for civil servants) or will have their employment contract suspended (for contractual agents and employees in the private sector). Consequently, they will no longer receive their remuneration (including their university remuneration for university hospital staff) and will not accumulate leave rights, but they cannot be made redundant. This suspension will last as long as the professional does not meet the conditions necessary for the exercise of his activity.
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As far as liberal professionals are concerned, they will be controlled by the Regional Health Agency (ARS) which, after thirty days of non-exercise of the activity by lack of compulsory vaccination, will have to inform the national council of the order. to which he reports.
As of October 16, only proof of a complete vaccination schedule will be admitted (unless there is a medical contraindication or proof of recovery after contamination by Covid-19).
► What sanctions for an unvaccinated professional who would continue to practice?
Disregarding the prohibition to exercise for non-compliance with the vaccination obligation is punished with a fine of € 135 (which may be increased to € 375).
If the violation of the prohibition to exercise is verbalized more than three times in the space of a month, the sanction can go up to 6 months of imprisonment and a 3,750 € fine.