To help French people and businesses find their way around, SVP, historical information and business decision support service (6.000 client structures), scrupulously answers their questions.
With the end of the wearing of the mask since March 14, can the employer nevertheless impose it in the company?
The decree of March 12, 2022 removes the obligation to wear a mask in all places where it was required, with some exceptions, and therefore in the workplace.
The mask remains compulsory in public transport. In health establishments, the director may decide to make the mask compulsory, as well as in premises accessible to patients. In the home help sector, the employer of a professional working in the homes of elderly or disabled people can also require them to wear a mask.
Apart from these exceptions provided for by the texts, no express legal provision provides that the employer can continue to impose the wearing of a mask in the company. However, employees remain free to wear it voluntarily.
As a reminder, the employer remains bound by his safety obligation towards his employees. As such, he can assess that the risk linked to Covid-19 in his company requires additional protective measures to be implemented on a case-by-case basis, including the wearing of a mask. This decision would require, where appropriate, an addition to the company's internal regulations if the employer wishes to impose it on its employees.
Can an employee continue to wear it to protect themselves from the circulation of the virus?
Since March 14, 2022, wearing a mask in the workplace is no longer mandatory. On this same date, the company health protocol will no longer apply either. As a replacement for the protocol, the Ministry of Labor will distribute a “Reference guide to measures to prevent the risks of contamination with covid-19 outside of an epidemic situation”.
On the subject of wearing a mask, the draft guide indicates that employees wishing to do so may continue to wear a mask, without the employer being able to oppose it.
Can an employee ask to telework more in the absence of wearing a mask by all staff?
Since February 2, 2022, teleworking is only recommended, the minimum 2 days indicated in the company health protocol are no longer part of the mandatory employee protection measures. It is now up to employers to set the terms and conditions for the use of teleworking within the framework of social dialogue.
Thus, nothing prohibits an employee from asking his employer to telework or to telework more following the absence of wearing a mask in the company, given the circulation of the virus which is still active.
It is within the organizational power of the employer to accept or refuse subject to the provisions provided, where applicable, in a collective agreement or a charter, relating to teleworking.
However, if the health situation were to worsen, new recommendations could be given by the government.
The health protocol has been deleted, what are the applicable measures from now on?
After several versions of the health protocol, evolving according to the health situation, Elisabeth Borne, Minister of Labor, announced that the health protocol is no longer applicable since March 14, 2022.
It will be replaced by a "benchmark guide", which we expect to be officially published within the week, a priori. Thus, according to the Minister of Labor, the rules of physical distancing are no longer applicable, as are the constraints applying to collective catering. Wearing a mask, still compulsory in public transport, will no longer be so in business. We are therefore going to return to normal business operation. The Minister indicated that it will be necessary to continue to ventilate the premises, or to wash your hands.
Despite this deletion, the employer remains bound by his safety obligation provided for by the provisions of the Labor Code.
Thus, he must therefore always assess the risk incurred in his business, linked to Covid-19, take all the appropriate protective measures and implement them.
Can my employer force me to return to the company when I am a vulnerable person?
An employee considered to be a vulnerable person is one who presents a risk of developing a serious form of Covid 19 infection. A decree has set the list of situations/pathologies and the conditions under which a person is considered to be vulnerable, at the condition of not being able to resort to teleworking.
If the employee is considered to be a vulnerable person (strict conditions set by decree) and he has a medical certificate drawn up by a doctor, the employer must keep him in partial activity.
Since April 1, 2021, the employee receives 70% of his gross salary, regardless of the sector of activity of the company and the employer is reimbursed up to 70% of the gross salary.
The maintenance of partial activity for vulnerable people remains in force until a date set by decree and no later than July 31, 2022. To date, no decree has set an earlier date.