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Health pass: can an unaffected company impose it on its employees? – LCI


REGULATIONS – The boss of a company in Yvelines wants to impose the health pass on his employees while the law does not oblige them to do so. Is he within his rights?

What if the health pass became compulsory in a company that is not yet affected by the measure? In any case, this is the will of the boss of Bluelinea in the Yvelines. He wants each employee, in the morning when they arrive at the office, to present their health pass. The measure would come into effect on October 1. In case of refusal, the employee would see his salary and his contract suspended pending a regulation of his situation.

“The activity of my company is to intervene with isolated elderly people at home or to assist caregivers in nursing homes. Our customers tell us that without a health pass, the teams will no longer be able to enter the establishments. a kind of wall “, confides Laurent Levasseur in front of the cameras of TF1, in the video at the top of this article.

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The health pass, a new daily tool

A measure that goes badly with its employees, especially those who have an office activity. “I don’t really like being forced to do things. So it’s really a matter of pride, of freedom.”, explains one of them.

A legal practice?

By making this decision, is the boss of Bluelinea in compliance with the law of August 5 which governs the use of the health pass in the lives of the French? For Me Sébastien Moretto, “The first thing to check, is that its activity falls within the scope of the application of the health pass or the vaccination obligation? In this case, the activity is not at all covered by the Law of August 5. Employees are perfectly justified in being able to oppose and refuse to justify their state of health “, he explains.

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Alerted to the situation, the Ministry of Labor said on Tuesday that it had notified the company that by acting in this way, it was “illegally”. “The services of the ministry contacted the company to warn it that it could not proceed in this way”, assured the ministry of Elisabeth Borne.

“The law of August 5 is very clear on the scope of application of the health pass and penalties (1 year imprisonment and a fine of 45,000 euros) are provided for employers who do not respect it. company cannot suspend its employees for this reason “, specified the ministry.

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