Contrary to what many messages on social networks claim, it will not be not compulsory to be vaccinated against the coronavirus to work in company.
This is false information that has been running since December. On November 24, in his address to the French, Emmanuel Macron assured that vaccination will not be compulsory. Early December on CNews and South West, Élisabeth Borne, Minister of Labor, insisted: “The President of the Republic has clearly said that this would not be compulsory vaccination, therefore companies will not be able to demand this from their employees. “” A company cannot impose the vaccine, “she also added.
Despite this, many discussions took place on the subject over the holiday season and, on social networks, the harvest never ends. “Out of the question that I will go to work vaccinated”, “no vaccine, no job,” since nobody likes the vaccine, they are not about to lower unemployment “, explains a user with many ‘By the way … But we can turn this idea around in all directions, vaccination is not and will not be compulsory in business. The coronavirus is no exception.
Vaccination in the workplace is governed by the Labor Code and a number of texts. And in particular by the “circular letter of April 26, 1998 relating to the practice of vaccinations in the workplace by occupational physicians”. This circular replaces a previous one, TE 25-74 of 14 May 1974, relating to vaccination in the workplace. The employer can warn of the possibility of vaccination but can in no case oblige the employees to comply with it.
Soon a file of vaccinated employees?
Only the law could make vaccination compulsory so, in the coming months, an employer will not be able to refuse the return to the site of an employee in telework if he is not vaccinated. Some professions require the vaccine but it is framed by the public health code L.311-4 and 312-1. There are health professions but also funeral services, police, prison administration staff, garbage collectors, veterinarians, launderers, measures taken long before the coronavirus and which are not intended, for the moment, to be generalized. .
Some fear the creation of a file of vaccinated employees. This is currently the question since the government wishes to involve businesses in the vaccination campaign. An ordinance of December 2, 2020 specifies that the occupational health services participate in the fight against the spread of covid-19, in particular by participating in the screening and vaccination actions defined by the State. Regarding the possible creation of a file indicating which employees have been vaccinated, Élisabeth Borne is not in favor : “We must keep the principles of volunteering and medical confidentiality,” she said on France televisions.
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