New Health And Safety Protocol For Employees In France: What Has Changed?

• Published date: 06 July 2021
• Subject Matter: Employment and HR, Coronavirus (COVID-19), Health & Safety, Employment and Workforce Wellbeing
• Law Firm: lus Laboris
• Author: Capstan Avocats

The French Labour Ministry has published a new set of COVID-19 health and safety guidelines for employees.

On 30 June, the Ministry of Labour put online a new version of the National Protocol for employee health and safety in the workplace in the context of the COVID-19 epidemic (download below). This version aims 'to prepare the fourth step of the reopening strategy related to the improvement of the health situation.' It does not contain any new provisions on teleworking.

Vaccination

Among the main new provisions, employers are asked to 'Promote the vaccination of employees including during working hours.' The Protocol states:

'If the employee chooses to go through the occupational health service, s/he is allowed to be absent during working hours. No sick leave is required and the employer may not object to the employee's absence under any circumstances. The employee can informs the employer that s/he will be absent for a medical examination without having to specify the reason.

Apart from these situations, employers are expected, in the light of public health requirements, to authorise their employees to be absent from work during working hours, in order to facilitate their access to vaccination. The employee should contact his or her employer to determine the best way to organise this absence.

In addition, employees with a long-term illness that qualifies them for exemption are entitled to time off work for this vaccination, which is necessary because of their state of health. The employer cannot oppose this.

Workplace socialising

The new protocol no longer sets out rules on this. It now states:

'Convivial moments bringing together employees in the workplace may be organised in strict compliance with barrier measures, in particular mask wearing, ventilation and distancing rules. In this context, it is recommended that these moments of conviviality be held in outdoor areas.'

Catering

The information sheet on...