we talk about it with a lawyer specializing in labor law who believes that the law is vague

From this Monday, those who work in relation to the public in cafes, hotels, restaurants, museums, cinemas etc, must be vaccinated or present a negative test every 72 hours under penalty of sanctions.

A complicated situation for employers

For Christophe Noël, labor law lawyer, guest of France Bleu Paris this Monday morning, controlling employees will be very complicated in practice for employers who have an obligation to do so.

He recalls that employers who do not carry out these checks risk a formal notice followed by an administrative closure which can last up to seven days, but also fines. “So we can clearly see that we want to sanction both employees and employers to encourage people to get vaccinated.“.

Those who will not want to be vaccinated or present a test to their employer cannot take sick leave.In principle, this is not intended“, indicates the lawyer.

Are recalcitrant employees at risk of being fired?

If the employee does not present his pass or his test, the employer must inform him that he must return home, that he will not have a salary or allowances. He therefore finds himself without resources at least until mid-November 2021.

Can a recalcitrant employee be fired?

According to Christophe Noël, we cannot currently answer this question. “The drafters of the law disagree among themselves, he claims, some say yes some say no“.

According to the lawyer, there are people who will be made redundant, who will find themselves before the industrial tribunals and “some councils will validate the dismissal others will not“. The number of disputes will explode, predicts Christophe Noël.

For Maître Noël, the law is very vague

The lawyer does not understand that the government is talking about flexibility in the application of this law. “We have never seen a law promulgated where it took a period of a week or fifteen days to be able to apply it.“, he said. “In the facts, _this law is inapplicable_assures Mr. Noël who fears social tensions in companies.

For the lawyer, it is not up to employers to enforce this law, it is a public health problem.

The bonus for those who get vaccinated is discriminatory, says Maître Noël

As for the bonus promised by certain employers to those who would be vaccinated, Maître Christophe Noël believes that those who don’t get the bounty can attack their boss for breach of equality discrimination on the basis of health status and, he says, “they are sure to win”.

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