By Alice Lachaise, Legal web editor – Modified on 21-01-2022
The law establishing the pass vaccinal and thefine of 500 euros for employers who do not comply with compulsory teleworking, was validated on January 21, 2022 by the Constitutional Council. The vaccination pass will replace the health pass from January 24, 2022, unless waived. We take stock of everything surrounding the vaccination pass, its impact in business, as well as the latest announcements from Jean Castex dated January 20.
What is the vaccination pass? What conditions to meet?
The vaccination pass comes into effect on January 24 and ends no later than July 31, 2022.
the pass vaccinal consists of having to show a proof of complete vaccination status concerning the Covid-19, to be able to access certain places.
To benefit from the vaccination pass and access the places subject to it, you must have a complete vaccination schedule, i.e.:
- the 2 doses of vaccine (or the single dose as the case may be);
- the booster dose if necessary (3rd dose 7 months after the last injection, or 4 months from February 15, 2022).
In some cases, a crecovery certificate following contamination could be presented instead of the vaccination certificate, but this remains to be confirmed by a future decree. It would possibly be necessary to justify a first dose then a certificate of recovery. We have to wait for the decree to be unveiled.
Jean Castex also announced, Thursday January 20, 2022, that the people who will have received their 1st dose before February 15 will be able to have their vaccination pass, subject to making their 2nd dose within 28 days and presenting a negative test within 24 hours in the meantime.
Transformation of the health pass into a vaccination pass on January 24, 2022
With the vaccination pass, negative PCR or antigen tests are no longer accepted.
The law strengthening the tools for managing the health crisis and modifying the public health code, transforms the health pass into a vaccination pass.
It was adopted on January 16, 2022 by Parliament and validated on January 21, 2022 by the Constitutional Council. Thus, the vaccination pass will come into effect on Monday January 24 and will end no later than July 31, 2022 (or when the health situation has improved).
With the vaccination pass, a negative screening test is no longer accepted to access the places subject to it.
💡 To know :
With the health pass, you can access the premises by presenting either a complete vaccination schedule or a negative screening test (antigenic or PCR). While with the vaccination pass, only the complete vaccination schedule will be authorized and not the covid tests. In this way, the Government wishes encourage vaccination of the greatest number.
In which places is the vaccination pass compulsory? What exemptions?
Places subject to the vaccination pass
The vaccination pass is compulsory in almost all thethose who are currently subject to the health pass, with some exceptions (which we detail in the section below).
These are generally the places open to the public such as bars, restaurants, leisure activities, fairs and shows…).
Exceptions to the vaccination pass: places where the health pass will remain applicable
In some places, it will still be possible to present a negative screening test to gain access.
May present a health pass (complete vaccination schedule or negative covid test or certificate of recovery after covid infection), instead of a vaccination pass:
- the children of 12 to 15 years old included for places where the vaccination pass is requested from adults;
- people who want to access health facilities, social and social medical (hospitals, nursing homes, clinics, etc.);
- by decision of the prefect, in certain places when local circumstances justify it;
- the passengers in interregional transport (trains, planes, buses, etc.), if they have a compelling family or health reasons. Without such a reason, they must present a vaccination pass.
Are you a professional (employer, HR manager, company manager, etc.)? Do you have a legal question?
Company vaccination pass: what impact?
To work face-to-face, it will not be compulsory to have a vaccination pass, except for certain employees in contact with the public.
❌ Note: No company health pass
Contrary to the false information that has been circulating lately, the health pass will not be required in companies. Only the vaccination pass will be required for employees who work in places where it is required. But, in other places, employees will not have to present a health pass.
Compulsory vaccination pass for employees of establishments open to the public
Employees who were previously subject to the health pass will now have to present a vaccination pass.
The vaccination pass is compulsory in the company, but only for employees of establishments open to the public.
In concrete terms, employees who were previously subject to the health pass will now have to present a vaccination pass (i.e. they will no longer be able to present a negative covid test, they must be vaccinated).
For employees who do not have a vaccination pass on January 24, 2022, an exemption could be provided, if they provide proof of commitment to a vaccination scheme. In this case, a negative test could allow them to go to work. This will be specified by decree.
Obligation of control of the vaccination pass by the employer
As before, with the health pass, it is up to employers, from Monday 24 January 2022, to check the vaccination pass of their employees, if they are subject to it.
At the time of writing this article, we do not yet have the practical details of this control. We can only say that the proof of vaccination status must be verified by the employer.
The TousAntiCovid application could perhaps allow this control. Or a certificate of complete vaccination. We will update this article as soon as we have the information.
The person in charge of checking the vaccination pass of employees or customers can ask to show an official document with photo (vital card, identity card, passport, permit, etc.), to check the match between the pass and the person checked. For this, it is imperative that it has serious reasons to believe that the document presented does not belong to the person presenting it.
⚠ Attention, under no circumstances should the person in charge of the control keep or reuse this official document or the information contained therein.
Suspension of the contract in the absence of a vaccination pass?
As with the health pass, in the event of non-compliance with the vaccination pass, the employer can suspend the employee’s contract.
To find out more, go to this article: Dismissal for non-vaccination or absence of a health pass? Is it possible ?
To find out more about the company vaccination pass, your obligations, the methods of control, the sanctions, download our complete file.
What are the penalties in the event of vaccination pass fraud?
In the event of fraud in the vaccination pass, the penalties are heavier. An exception for what Jean Caxtex calls “repentant fraudsters”.
People who present the someone else’s vaccination pass, people who lend their pass or heads of establishments who do not check the pass, when they are required to do so, risk a fine of 1.000 euros.
The person presenting a faux pass vaccinal, risks a fine of 45,000 euros and 3 years in prison. In the event of possession of several fraudulent passes, the penalty can be increased to 75,000 euros and 5 years in prison.
Repentant fraudsters: announcements by Jean Castex 20 January 2022
On the other hand, people who do not present their vaccination pass or those who present a false pass or someone else’s pass, can escape the offense. How? ‘Or’ What ? By having a first dose of vaccine injected into the next 30 days. This was announced by Jean Castex on January 20, 2022.
Sanction of the employer who does not put his employees in telework
500 euros per employeeEmployer sanction
The law provides a penalty for employers who do not respect the health protocol (in particular the obligation to put its employees in telework 3 days a week, if their position allows it).
Indeed, the employer who does not respect the protocol, and which would result in a dangerous situation due to the risk of contamination with covid, can be put on notice to put an end to this situation.
If the dangerous situation persists, the Labor Inspectorate may then impose on the employer, a maximum fine of 500 euros per employee concerned, within the limit of 50.000 euros.
To bring you into compliance as quickly as possible and introduce teleworking in your company by avoiding the fine of 500 euros, download our dedicated file.
End of mandatory telework, gauges and outdoor mask: February 2, 2022
Jean Castex announced on Thursday January 20, 2022:
- the end of compulsory telework from February 2, 2022 (currently, telework is mandatory 3 to 4 days a week, for positions that allow it). It will still be highly recommended;
- the end of the wearing of the mandatory mask outdoors from February 2, 2022;
- the end of gauges in cultural and sports venues (concert halls, shows, stadiums, etc.) from February 2, 2022.
Opening of nightclubs and consumption: February 16, 2022
Jean Castex announced that from February 16, 2022:
- the nightclub will reopen;
- the consumption standing in bars and restaurants as well as standing concerts, will again be possible;
- the consumption in stadiums, cinemas, transport will be possible.
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