Health Pass: what impact for your employees?

To try 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. The obligation, which initially concerned only customers (and the public), is now extended to employees. Explanations.

Precision: The Health Pass may be either a document (in print or digital form) showing a negative result of a virological screening test done less than 72 hours before seeking access to premises, services, or events (RT-PCR screening examination, antigen detection test or self-test done by a health professional) or a document proving that the person is fully vaccinated or a certificate of recovery following a Covid-19 contamination. Otherwise, a document attesting to a medical contraindication to vaccination can be presented instead of these documents.

Which sectors of activity are concerned?

The Health Pass is now required whenever one wants to enter, in particular:

- work and leisure places (museums, festivals, concert halls, games halls, amusement parks, fairs and exhibitions, casinos, cinemas ...).

- nightclubs, bars, cafés, and restaurants (excluding corporate catering, takeaway, and truck stops).

- long-distance transport, i.e., trains, national flights, or interregional buses.

Note: The Prefect may impose the Health Pass to enter retail stores and malls composed of one or more buildings with a cumulative useful commercial area of at least 20,000 m².

Who is concerned?

The Health Pass has been imposed on adults since August 9. As of September 30, il will be extended to minors over 12 years of age. But that is not all, it also concerns, from August 30, employees who work in places, services, and premises in the sectors mentioned above when their activity takes place in spaces and at times where they are open to the public (except delivery activity and emergency interventions). In other words, employees in these sectors will have to present a Health Pass to their employer.

Precisely, this obligation is imposed on employees under 18 years of age only from September 30, 2021.

And if they do not have a Health Pass, employees will have their employment contract suspended by their employer and their remuneration interrupted. This suspension will end when they are able to present a Health Pass to their employer.

Clarification: To avoid the suspension of their employment contract, employees may, with their employer’s approval, use paid holidays and/or rest days provided for in their contract. In addition, when the employee’s employment contract is suspended for more than 3 working days, the employer must summon him/her to an interview to determine together how the employee may regularize his/her situation or to discuss about the possibility of assigning him/her to another position which is not subject to the obligation to hold a Health Pass.