May 24, 2022

A French company offers € 200 to its employees vaccinated against Covid-19

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The Cooperl group announced Monday, August 2, to its employees that those who were vaccinated would receive a premium.

You will need to provide proof to collect the premium. © Lubo Ivanko / stock adobe.com

An exceptional bonus of € 200. This is what all the employees of the Breton Cooperl slaughterhouse will be able to obtain, who will provide proof that they are vaccinated.

An incentive for vaccination

In an internal memo, distributed on Monday, August 2, the group’s management informed its 4,700 employees that this bonus will be paid. “To all employees and temporary workers of the company validating the following two conditions: being part of the workforce for the period from 1is on August 31 and be able to present an official proof of completed vaccination “, according to information disclosed by West France.

A gesture that the management of the Cooperl explains by the “Active participation in the national health prevention approach encouraging vaccination”.

If such practices gradually spread in American companies, it seemed unlikely to see them cross the Atlantic… until today. But is this decision of the employer legal in France?

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An illegal practice in France

No, answers the specialist in labor law, Eric Rocheblave, questioned by Capital : “A bonus must be paid according to an objective criterion. But the vaccine is not. ” Conversely, seniority, results, skills or the arduous nature of the work may objectively justify a difference in treatment between employees.

According to the lawyer, the decision of the Cooperl creates a “A breach of equality between employees”. The employer would therefore be exposed to industrial tribunal proceedings by an employee who considers himself discriminated against.

In addition, this decision constitutes a breach of medical confidentiality since it informs the employer of the vaccination status of its employees. However, the file on “Advice and good practices for the employer”, published on the website of the Ministry of Labor in the context of the Covid-19 epidemic, specifies that a company can neither “Impose temperature measurement, a screening test or vaccination on its employees” ni “Require his employee to inform him of the result of the test or of his vaccination status”.

Covid-19: can an employer force its employees to be vaccinated?