The French Parliament extended its controversial health pass which introduces compulsory vaccinations for professionals in contact with vulnerable people, which altogether could affect 4 million people.

According to Courrier Cadres, the broadened health pass rules will affect several categories of employees in the private sector, who work in public places where the health pass will apply.

The law will affect both permanent and fixed-term employees.

The categories of employees include: catering professionals (bars, cafes, restaurants); employees in contact with the public in long-distance transport (trains, buses, coaches, airlines); employees of businesses located in shopping centers; and professionals in places of culture or leisure (performance halls, amusement parks, festivals, museums, cinemas) bringing together more than 50 people.

Those working in companies whose activity is linked to the application of the health pass for customers and users must present a valid health pass (therefore be fully vaccinated), from 30 August 2021.

Staff (nursing and non-nursing) working in contact with vulnerable people in hospitals, clinics, nursing homes; as well as professionals who work with the elderly (including at home), must be vaccinated by 15 October 2021.

For those who cannot be vaccinated, the bill will allow them to obtain a health pass despite their inability to be vaccinated, and without having to undergo regular tests.

Senators and deputies in France voted against the dismissal of unvaccinated caregivers and employees under the Health Pass rules. Employees affected by the pass but not vaccinated (caregivers, from 15 October) will not be able to be dismissed for “non-compliance with the vaccination obligation, or “non-presentation of a valid health pass”.

On the other hand, these employees who are unvaccinated will still risk a suspension of salary. This would ultimately amount to a suspension of the contract.

Employees can then take RTT (reduction of working time) or holiday to make up for this loss of income. But if they don't, their employment contract is suspended (or their duties, in the case of caregivers), without pay.

According to the Local.fr, French Labour Minister Elisabeth Borne has said that dismissals will be “rare” but possible.

Lawyer Michèle Bauer pointed out the new law would allow workers on temporary contracts to be dismissed if they do not show a health pass.

Bauer stated, “The fixed-term work contract can be terminated before its completion date, on the initiative of the employer.”

“By introducing this possibility of an early termination of temporary contracts for employees without a health pass, legislators are creating a difference in treatment within the company between employees on permanent and temporary contracts,” Bauer stated.