Control of the health pass in the company: the instructions in 5 steps

By werdt24/03/2022556 Views

Since August 9, the health pass has been extended to places of culture and leisure that can accommodate more than 50 people, bars and restaurants, long-distance means of transport, health establishments, trade fairs and exhibitions and shopping centers of more than 20,000m² (by prefectural decision for the latter).

Employees working in these spaces must be able to present their employer with a health pass from August 30. How to control this document in your company? The new health protocol and the questions and answers, published Monday, August 9 on the website of the Ministry of Labor, provide some answers.

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1. Identify the employees concerned by the obligation

From August 30, employees, volunteers, temporary workers, subcontractors, service providers carrying out their activity in the places mentioned above must present the health pass to their employer.

However, there are two exceptions: professionals working in spaces not accessible to the public or outside public opening hours will be exempted.

Regarding employees under 18, they have an additional month (until September 30) to comply.

Contrôle du pass sanitaire en entreprise : le mode d’emploi en 5 étapes

Professionals in the takeaway sale of prepared meals or working in collective catering establishments are not required to present this document.

2. Check receipt

The managers of the places and establishments concerned by the obligation of a health pass are responsible for checking the latter. They must authorize by name the person responsible for verifying the documents on their behalf and record his name in a register.

These designated persons will carry out the checks of the paper or digital QR codes using the “TousAntiCovid” application. They will thus have access to the last name, first name, date of birth of the person checked as well as the status of the pass (valid or invalid). On the other hand, they will not be able to know the reasons for obtaining the pass (vaccination, tests, medical certificates, etc.).

The employer cannot keep the QR code but only the information that the pass is valid or not, because the information collected is personal data subject to the GDPR.

In companies with at least 50 employees, the employer must immediately inform the social and economic committee of the control measures put in place. The CSE must issue its opinion within one month of the communication of this information by the employer.

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3. In case of absence of pass, propose to take days off or RTT

If the employee is not in possession of the sesame on August 30, you can offer him to take days off or RTT, the time to be vaccinated or tested. This will allow him to avoid the suspension of his employment contract, but under no circumstances can the employer force his employee to take these days off.

4. Notify the suspension of the employment contract and organize an interview

If the employee persists in his refusal to present the health pass, the employer must notify him by any means of the suspension of his employment contract sine die and the cessation of the payment of his salary. This suspension will end as soon as the employee presents the required supporting documents.

If this situation continues beyond three working days, the employer must organize an interview during which he can consider an assignment to a position not affected by the obligation. Teleworking can also be considered in this context if the function of the employee allows it. It is recommended to send a convocation in good and due form to the interview to the employee and to write a report at the end of this interview.