The Constitutional Council has validated almost the entire law establishing the extension of the health pass and the compulsory vaccination of caregivers. On the other hand, two key provisions have been censored.
- The Constitutional Council censures the early termination of certain employment contracts and the automatic placement in solitary confinement.
- The law establishing the extension of the health pass and the compulsory vaccination of caregivers was published in the Official Journal this Friday, August 6.
The law on the extension of the health pass and the compulsory vaccination of caregivers has just been promulgated: the text was published in the Official Journal this Friday, August 6. The day before, the Constitutional Council had validated almost all of the bill’s measures voted by Parliament on the night of Sunday July 25 to Monday July 26. The promulgation of the text – and therefore its entry into force – was subject to the opinion of the Constitutional Council, which had been seized by parliamentarians and by the Prime Minister. The Elders had to assess the constitutionality of the measures provided for in this text. So what are the changes going to be and when will they go into effect?
The prefects decide for the shopping centers
In addition to places of leisure and culture bringing together more than 50 people, the health pass will be extended, from this Monday, August 9, to cafes, restaurants – including on the terrace for both -, fairs, seminars as well as at other trade fairs. It will also be required for long journeys by plane, train or coach. For shopping centers, the prefects will decide whether or not to set it up, while guaranteeing access to essential goods and services for all, as well as accessibility to the means of transport present within the confines of these stores and of these centers.
The health pass required in hospitals, except in emergencies
“With regard to their application to health, social and medico-social services and establishments, the legislator has reserved the requirement of presentation of a “sanitary pass” only to persons accompanying or visiting persons accommodated in these services and establishments. , as well as to those who are received there for scheduled care, can we read in the Press release published Thursday, August 5 by the Constitutional Council. Thus, this measure, which applies except in cases of emergency, does not have the effect of limiting access to healthcare.”. They therefore approve the health pass in hospitals, except for emergencies.
Compulsory vaccination of caregivers validated
The Elders also validated the compulsory vaccination of caregivers. This should be effective from September 15. It will concern hospitals, clinics, nursing homes, retirement homes, as well as professionals and volunteers working with the elderly – including at home -, firefighters and certain soldiers. Those who refuse vaccination will be banned from practicing, with suspension of salary.
Two provisions censored
Two provisions of the law have not been validated by the Constitutional Council, which considers them contrary to the constitution. First of all, that relating to the early termination of certain employment contracts. The Elders have decided that no CDD or temporary contract can be terminated “before its term” by the employer if his employee does not have a health pass. On the other hand, the High Authority validated the procedure of suspension of the employment contract without remuneration for the people in CDI. Second censored provision: mandatory isolation of people who test positive for Covid-19. This measure provided for checks from 8 a.m. to 11 p.m. and a right to leave from 12 p.m. to 2 p.m.
A third dose at the start of the school year for the elderly or frail
This Thursday, August 5, the President of the Republic, Emmanuel Macron, confirmed in a new video posted on social networks that a 3rd dose of vaccine would be necessary at the start of the school year for the oldest and/or frail people. The objective is to protect the population and avoid a fourth wave in September. Currently, nearly 44 million people have received at least one dose of vaccine against Covid-19 in France, including more than 36 million who are fully vaccinated according to the Ministry of Solidarity and Health.
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