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The health pass obligation shall enter into force on 30 August 2021 for persons working in certain places where the health pass is already required for customers and users. Which professionals are involved? In what locations and for what types of events? What happens if the trader does not present their pass? The Law of 5 August 2021 on the management of the health crisis, the National Protocol in company and a circular of the Ministry of the Public Service of 10 August 2021 specify these provisions.
The sanitary pass consists of the digital presentation (via the application TousAntiCovid) or paper, of a sanitary proof, among the following three:
- vaccination, provided that a complete vaccination plan is in place;
- evidence of negative RT-PCR, antigenic or self performed under the supervision of a health professional of less than 24 hours maximum. Self-tests performed under the supervision of a health professional are once again recognised as evidence for the health pass.
- the result of a positive RT-PCR or antigenic test attesting to the recovery of Covid-19, dating from at least 11 days and less than 6 months.
Individuals who are contraindicated for Covid-19 vaccination may ask their doctor for a medical certificate that serves as a health pass.
Which professionals are involved?
From August 30, 2021, until November 15, 2021, employees, volunteers, service providers, contractors, subcontractors who work in places, establishments, services or events where users are asked to pass the pass must present their health pass to their employer, except when their activity is:
- in spaces not accessible to the public (e.g. offices);
- outside opening hours to the public.
Not subject to the health pass obligation:
- personnel making deliveries;
- personnel involved in emergency response (e.g., work to repair accidents or damage to equipment, facilities or buildings or to organise rescue measures).
Please note : For employees and apprentices under 18 years of age, this obligation is imposed from 30 September 2021.
FYI : The law on various health surveillance provisions published in Official Journal of 11 november 2021 extends until 31 july 2022 the exit procedure from the state of health emergency and in particular the possibility to use the health pass until that date if the health situation warrants it.
The places and events involved are:
- places for leisure activities:
- auditoriums, conference rooms, projection rooms, meeting rooms;
- concert and performance venues;
- museums and temporary exhibitions;
- festivals (sitting and standing);
- sports events (amateur outdoor sports events);
- closed and covered sports establishments;
- outdoor facilities (sports fields, stadiums, swimming pools...);
- conservatories, when they host spectators, and other places of artistic education except for professional practitioners and persons engaged in professional training;
- game rooms, escape-games, casinos;
- zoos, amusement parks and circuses;
- capitals, tents and structures;
- libraries (except those university and specialised libraries such as the Bibliothèque nationale de France, the Bibliothèque publique d'information hors spaces d'expositions);
- cultural events organised in higher education institutions;
- fairgrounds with more than 30 stands or attractions;
- cruise ships with catering or accommodation;
- any cultural, sporting, playful or festive event, organised in the public space or in a place open to the public, which may give rise to a control of the access of persons.
- trade fairs, trade shows and professional seminars more than 50 persons, when they take place at a site outside the company.
- places of conviviality: discotheques, clubs and dancing bars, bars, cafes and restaurants, except for canteens, company restaurants, takeaways and road relays, as well as during room service and breakfast in hotels and non-commercial catering, including the free distribution of meals;
- interregional public transport: domestic flights, TGV journeys, Intercity and night trains, interregional coaches;
- department stores and major shopping centres greater than 20 000 m2 according to a list defined by the prefect of department. Since 8 September, the sanitary pass is no longer required in the commercial centres of the departments where the incidence rate is less than 200 / 100 000 inhabitants and has been decreasing continuously for at least 7 days.
Reminder : Staff of health and medical-social establishments and services, subject to the vaccination requirement , must present a vaccination certificate. Outside company workers who work on these premises on a one-off basis, i.e. on a non-recurrent basis for very short-term tasks, are not obliged to be vaccinated, but they must present their health pass since 30 August 2021.
Who should check the sanitary pass?
The person in charge of the establishment is responsible for checking that its employees have a valid health pass. It may authorise by name the persons authorised to inspect the documents on its behalf. Checks on the validity of the employee health pass must be carried out every day, except for employees who voluntarily provide a vaccination certificate.
To carry out the checks, the managers of these establishments use the application « AllAntiCovid Verif ».
If you are not in possession of the sanitary pass from August 30, 2021?
If your position is affected by the mandatory health pass, you are not in possession of any of these documents and you do not choose, in agreement with your employer, to leave, your employer shall notify you by any means of the suspension of your duties or of your employment contract. You're no longer paid. This suspension ends as soon as you present one of these 3 supporting documents.
If the suspension of your employment contract or duties extends beyond 3 working days, your employer will call you to an interview to discuss with you the means of regularising your situation. The possibility of assigning yourself temporarily to a position not subject to the requirement to hold a health pass (e.g., a position without contact with the public, an adaptation of your position in telework) is discussed.
Dismissal in case of failure to vaccinate Covid is not possible.
FYI : As part of the extension of the health pass and the vaccination obligation, the Ministry of Labour makes available to employers and employees a question and answer concerning the obligation to vaccinate or hold a health pass for certain professions .