Calendar, role of the heads of hospitals or nursing homes, job to which the caregiver will be reassigned…: a ministerial instruction dated May 2, which our AFP colleagues learned this Wednesday, details the conditions for reincorporation of caregivers unvaccinated, a highly flammable subject.
According to the text communicated by the Ministry of Health, the suspended caregivers will be considered reinstated “the day after” the publication of the decree, scheduled for May 14, which orders the lifting of the obligation to vaccinate against Covid.
A period of 2 weeks to contact the caregiver
Those responsible for public establishments (hospitals, nursing homes, etc.) must “as soon as possible, and if possible within two weeks, contact each suspended professional to notify them of the end of the suspension and, if It is possible to indicate the secondment position”. and return to work date.
In general, the principle is “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, prior formal notice.
However, to try to alleviate the difficulties, a change of destination can be proposed in the same establishment, and the national mediation system can be activated. There are also possibilities of contractual termination.
For private law employees, the government imposes similar principles, in particular that of offering the same position or an “equivalent” position. In case of disagreement about the position that the employee can assume, “it will be up to both parties to find a solution to end the employment relationship.”
“The path of conventional individual rupture could be an adequate way of rupture,” according to the government instruction.
At the end of 2021, France had imposed the obligation to vaccinate 2.7 million people, caregivers but also hospital and nursing home staff, paramedics, domestic helpers and even firefighters.
A reinsertion that has become a political workhorse
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%” of hospital workers had been suspended for refusing to be vaccinated. The reinstatement of the suspended staff had become a political workhorse, in particular for the National Rally and La France insoumise.
In a text that will be examined on Thursday in the National Assembly, the communist group proposes to eliminate the text of the law that allowed the imposition of the vaccination obligation. A repression that the Government does not want, which wants to be able to order a suspension of caregivers again if the epidemic situation so requires.
Source: BFM TV
