Until now compulsory for customers, the health pass is now compulsory for all employees working in contact with the public. Indeed, from this Monday, August 30, 2021, all employees, volunteers, service providers, temporary workers, subcontractors who work in establishments where the health pass is already requested from users are now subject to it.
Who are the professionals concerned by the extension of the health pass?
Here is the list of workplaces in which employees are now required to present a health pass:
- audition, conference, screening and meeting rooms
- concert and performance halls
- cinemas, museums and temporary exhibition halls
- festivals and sporting events whether closed or in full swing
- conservatories that welcome spectators and places of artistic education with the exception of professional practitioners and people engaged in professional training.
- gaming rooms, escape-games and casinos
- zoos, amusement parks and circuses, as well as fairgrounds with more than 30 stands or attractions
- fairs and exhibitions, under marquees, tents and structures
- cultural, sporting, fun or festive events, organized in public space or in a place open to the public likely to give rise to control of people’s access
- libraries (outside university and specialized establishments such as the National Library of France or the Public Information Library).
- discos, dancing clubs and bars, bars, cafes and restaurants
- cruise ships with catering or accommodation
- interregional public transport (domestic flights, TGV, Intercity and night trains and interregional coaches). On the other hand, TERs are not affected by the measure.
- department stores and large shopping centers larger than 20,000 m² according to a list defined by the department prefect
What are the exceptions?
There are some exceptions concerning the obligation of the health pass for employees. In fact, personnel making deliveries and personnel carrying out emergency interventions (such as repairing accidents or damage to equipment, installations or buildings) are not affected by the measure. Likewise, people working in spaces not accessible to the public, such as offices, or outside public opening hours will not be required to present a health pass to go to work. Finally, canteens, company restaurants, take-away sales, truck stops, hotel breakfasts and non-commercial catering (such as the free distribution of meals) will not be places affected by the obligation of the health pass. .
What are the penalties for non-compliance?
If the government spokesperson said yesterday that a “week of flexibility, pedagogy, lapping, tolerance” will be granted, sanctions are still provided for in the event of control. On the employers’ side, Gabriel Attal said: “ If you are the manager of an establishment and you clearly do not want to control the health pass and apply it, you first expose yourself to a warning, a formal notice, and potentially an administrative closure. “.
As for employees, if they are not able to present their health pass, they may be offered a workstation away from the public, be put into teleworking or take time off. If no agreement is reached, employees will be suspended from their employment contract, as well as from the payment of their remuneration. The Service-Public site nevertheless specifies that a ” dismissal in the event of a lack of Covid vaccination is not possible “.
