Covid: the decree expanding the number of vulnerable people benefiting from partial unemployment published in the JO

A previous decree had put an end, as of September 1, to the exceptional compensation system (certificate of isolation and partial unemployment) for vulnerable workers, instituted in early May due to the health crisis. Several associations of patients and health professionals then expressed their concern and asked for guarantees regarding the conditions of return to work of vulnerable people.

In the decree published on Wednesday, the government provides the list of situations deemed to be at risk, in particular being "65 years old and over", "being in the third trimester of pregnancy", suffering from "complicated arterial hypertension", "diabetes unbalanced "," severe asthma ", obesity, Parkinson's disease," progressive cancer under treatment (excluding hormone therapy) ", etc.

If these vulnerable people cannot "make full use of telework", they will have to benefit from "reinforced protection measures" at their workplace, such as an individual office or a fitted out workstation, reinforced barrier gestures ... work will have to be adapted to "avoid rush hour". The employer will also have to provide surgical masks "in sufficient number" for journeys between the home and the workplace when the person uses "collective means of transport".

Vulnerable people who can neither telework 100%, nor benefit from "reinforced protection measures" at their place of work or their home-work journey, can be placed in partial activity at their request and "on presentation to the employer. a certificate drawn up by a doctor ", according to the decree.

"When the employee disagrees with the employer on the assessment" of the reinforced protection measures mentioned in the decree, he may refer to the occupational physician and will be placed in partial activity "pending" his opinion, indicates the government.

Welcoming this decree on Wednesday "aimed at protecting" vulnerable workers, Unsa regretted the absence of "measures for people living under the same roof".

The League against obesity "worried"

"As a precautionary principle, they should be able to benefit from the same protective measures, as well as an enforceable right to telework when the position held makes it possible," said the union in a statement.

On the other hand, Unsa notes "with satisfaction" that the new decree "specifies reinforced protection measures (...) essential to ensure the safety of vulnerable employees who cannot telework". It also judges "positively the possibility for the employee to be able to benefit from partial unemployment, if he considers that the measures aimed at protecting him are insufficient".

The League against obesity, "worried", for its part protested against "a decree in trompe-l'oeil", which it describes as "fool's market" in a statement.

According to the association, "if the employer, already the sole decision-maker for the implementation of telework, considers that the health precautions are sufficient in his company, he will be able to override the medical certificate".

However "which patient in a situation of obesity will dare, in spite of his medical certificate recommending him the partial activity, to face his employer at the risk of receiving at best a sanction, at worst of losing his job?", Underlines the League against obesity , recalling that "patients suffering from obesity already populate a very large number of intensive care beds in all
the country's hospitals ".