Pass sanitaire: what impact for your employees?

As of August 30, 2021, employees working in certain places, services or establishments will have to present a health pass to their employer, under risk of having their employment contract suspended.

In an attempt to stop the spread of the Covid-19 epidemic, especially that of the Delta variant, the government has introduced the health pass in many sectors of activity. It already concerns customers (and the public) and will soon be extended to employees.

Precision: a health pass, in paper or digital version, is the negative result of a virological screening test performed less than 72 hours before access to the establishment, service or event (RT-PCR screening test, antigenic test or self-test performed under the supervision of a health professional), a proof of full vaccination status or a certificate of recovery from Covid-19 contamination. A document showing a medical contraindication to vaccination may be submitted in lieu of these documents.

Which sectors of activity are concerned

The health pass now applies, in particular:
– in places of activity and leisure (museums, festivals, concert halls, gaming halls, amusement parks, fairs and exhibitions, casinos, cinemas…).
– in discotheques, bars, cafés, and restaurants (excluding company catering, take-away sales, and truck stops).
– in long-distance transport, i.e., trains with reservations, national flights, or interregional buses.

Note: sales stores and shopping centers comprising one or more buildings with a cumulative useful commercial area of at least 20,000 m² may also be affected by the health pass by decision of the prefect.

Who is affected?

The health pass has been mandatory for customers and the public since August 9 (from September 30 for minors over 12). But that’s not all, as of August 30, 2021, it will also concern employees who work in places, services and establishments in the above-mentioned sectors when their activity takes place in spaces and at times when they are accessible to the public (except for delivery activities and emergency interventions). In other words, employees in these sectors will have to present a health pass to their employer.

Note: this obligation will apply to employees under the age of 18 only from September 30, 2021.

If employees do not have a health pass, their employment contract will be suspended by their employer and their remuneration will be interrupted. This suspension will end when they are able to present a health pass to their employer.

Note: in order to avoid the suspension of their employment contract, employees may, with their employer’s agreement, use paid vacation days and/or conventional rest days. In addition, when the employee’s employment contract is suspended beyond a period equivalent to 3 working days, his employer must invite him to an interview in order to determine with him the means to regularize his situation. The possibilities of assigning the employee to another position not subject to the obligation to hold a health pass could namely be examined.