The Constitutional Council validated the extension of the health pass in a decision rendered this Thursday, August 5, 2021. Extension of the health pass, compulsory vaccination, isolation of positive cases, early termination of fixed-term contracts … Passeport Santé takes stock of what the Constitutional Council validated and retorted.
What the Constitutional Council has validated about the health pass
Health pass extensions in bars, cafes and restaurants
From Monday, August 9, it will now be mandatory to present your health pass to access bars, cafes and restaurants. Terraces will be no exception to the rule. Only access to road restaurants, intended for road professionals, will not be subject to checks.
Health pass extensions for long distance trips
The Constitutional Council also validated the extension of the health pass for long-distance journeys. From August 9, you will have to present your health pass when taking the TGV, Intercités, bus or plane. However, public transport such as the metro is not affected by the measure.
Extensions of the health pass in health establishments
The health pass is also extended to health establishments (hospitals, retirement homes, medico-social establishments) for visitors, accompanying persons and patients who come for a scheduled intervention. The measure does not apply in an emergency.
Health pass extensions for gatherings in a public place
The same goes for gatherings in a public place such as fairs and trade shows which will thus be added, from August 9, to the list of places where the presentation of a health pass has been compulsory since July 21.
Shopping centers are not all affected by the health pass
The Constitutional Council also validated the extension of the health pass to certain shopping centers according to the decisions of the prefects and if “ the seriousness of the contamination risks At the level of a department justifies it. On the other hand, ” people’s access to basic goods and services ”Must be guaranteed.
Compulsory health pass for employees of places open to the public
From August 30, employees of places open to the public will be subject to the presentation of the health pass to be able to come to work. Otherwise, they risk having their contract suspended. This suspension ends as soon as the employee is able to present the requested documents, or is offered another position for which the health pass is not required.
Vaccination obligation of caregivers
The Constitutional Council validated the vaccination obligation of nursing staff. Nursing and non-nursing staff in contact with potentially fragile and at-risk people must therefore be fully vaccinated by September 15.
Health pass control for 12-17 year olds
From September 30, adolescents aged 12 to 17 will also be subject to the health pass control according to the same conditions as that applied for adults.
What the Constitutional Council retorted about the health pass
The Constitutional Council retorts the principle of compulsory isolation for infected people
Among the measures retorted by the Constitutional Council, the principle of compulsory isolation for infected people was censored. In this regard, the judges considered that the mandatory ten-day isolation for people who tested positive was neither ” necessary, suitable and proportionate “In that it constitutes a deprivation of liberty” without individual decision based on an assessment of the administrative or judicial authority “.
The Constitutional Council retorts the early termination of an employment contract
Finally, the Wise Men also censured the provisions providing that a CDD or temporary contract can be broken ” before its term »By the employer in the absence of a health pass. They explain: ” By providing that the failure to present a ‘health pass’ constitutes a cause of early termination of only fixed-term or mission contracts, the legislator has instituted a difference in treatment between employees depending on the nature of their employment contracts which is unrelated to the objective pursued “. On the other hand, they validated the procedure for suspending the employment contract without remuneration for CDIs.
