Suspended caregivers will be considered reinstated “the day after” of the publication of the decree, scheduled for May 14ordering the lifting of the vaccination obligation against Covid, according to the ministerial instruction communicated by the Ministry of Health.
For the public
The heads of public establishments (hospitals, Ehpad, etc.) will have to “as soon as possible, and if possible within two weekscontact each suspended professional to notify him of the end of the suspension and, if possible, indicate the post of assignment and the date of resumption of work”.
In general, the principle is that of a “reassignment to an equivalent job”, in the same establishment. If the staff refuses the position offered by the employer, they may be subject to expulsion, after formal notice.
To try to iron out the difficulties, a change of assignment may however be proposed in the same establishment, and the national mediation system may be activated.
Of the possibilities of contractual termination also exist.
For the private
For employees under private law, the government imposes similar principlesin particular that of proposing the same post or a post “equivalent”.
In the event of disagreement on the position that the employee can take over, “it will be up to the two parties to find a solution to end the working relationship”.
“The way of the individual contractual rupture could be an adequate mode of rupture”, according to government instruction.
A few thousand people affected
At the end of 2021, France had imposed a vaccination obligation on 2.7 million people, caregivers but also staff in hospitals and retirement homes, paramedics, home helpers and even firefighters.
A few thousand people were suspended from their duties after refusing this vaccination obligation, a very small proportion in view of the total workforce.
In March, the Ministry of Health estimated, for example, that “around 0.3%” hospital agents had been suspended for having refused the vaccination obligation.
The reintegration of suspended personnel had become a political workhorsenotably for the National Rally and La France insoumise.
In a text to be examined Thursday in the National Assembly, the communist group proposes to delete the text of the law which made it possible to impose the vaccination obligation.
A suppression that the government does not want, which wants be able to reorder a suspension of caregivers if the epidemic situation so requires.