The New French Health Pass And Mandatory Vaccination: What Do Employers Need To Know?

Published date30 July 2021
Subject MatterEmployment and HR, Coronavirus (COVID-19), Contract of Employment, Health & Safety, Employment and Workforce Wellbeing
Law Firmlus Laboris
AuthorMr Jean-Benoit Cottin (Capstan)

The French Parliament has just adopted a new law designed to enable the public authorities to combat the COVID-19 epidemic more effectively. The law covers two main measures:

  • the extension of the health pass ('passe sanitaire');
  • compulsory vaccination for certain categories of people working in the health sector.

Extension of the health pass

Since the law of 31 May 2021 took effect, France has introduced a 'health pass' obligation, which consists of making access to certain places conditional on the presentation of proof of the person's state of health (vaccination certificate, result of a virological screening test with a negative result for COVID-19, or certificate of recovery from COVID-19).

The new text greatly extends the possibilities for using the health pass. While currently the pass can only be required for access to certain places, establishments or events involving large gatherings of people for leisure activities or trade fairs, it would be extended to:

  • Leisure activities.
  • Commercial catering or drinking activities, except for institutional catering, take-away food service and professional road and rail catering.
  • Trade fairs, seminars and exhibitions.
  • Health, social and medico-social services and establishments except in emergencies. The requirement is only for those accompanying or visiting individuals accommodated in these services and establishments and for those who are accommodated there for scheduled care. A person who is in possession of one of the documents listed above may not be subject to any other access restrictions related to the COVID-19 epidemic in order to visit a person in care and may only be refused access to these services and establishments based on rules governing the operation and safety of the establishment or service, including health safety.
  • Long-distance travel by interregional public transport within France, Corsica or one of the overseas territories, except in the event of an emergency that prevents the required proof from being obtained.
  • In large shops and shopping centres (above a threshold defined by decree), only by reasoned decision of the Prefect, and only when circumstances and the seriousness of the risks of infection justify it. This requirement will be subject to conditions guaranteeing people's access to essential goods and services as well as, if necessary, to means of transport.

From 30 August, any employee who is required to justify his or her health status in order to carry out professional...

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