“Health pass will not be a reason for dismissal” – aef info, 08/06/2021


The Constitutional Council, which validated on 5 August 2021 most of the law on the management of the health crisis, has clarified the rules of employment of employees who work in certain places or establishments and who are in contact with the public, explains to AEF info Nicolas Mancret, partner lawyer in charge of the social division at the Jeantet law firm. Any possibility of terminating the employment contract on the specific ground of non-presentation of the health pass is now excluded. Is it possible to dismiss the employee? For the lawyer, it is unthinkable that the refusal of an employee on a fixed-term contract to present a health pass should be considered as serious misconduct. For permanent employees, the disorganisation of the company and economic difficulties would be difficult to justify, he believes.


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