CovidCheck for businesses as of 15 January 2022

3G system mandatory at the workplace from 15 January 2022

The COVID-19 Bill n°7924 introduced in the Chamber of Deputies on 4th December 2021 and voted on 16th December 2021 implement the mandatory "3G" (vaccinated/recovery/tested) system at the workplace from 15, January, 2022 until 28, February, 2022.
To access their workplace, employees will need to present

  • a certificate of vaccination, or
  • a certificate of reinstatement, or      
  • a COVID-19 test certificate of less than 48 hours indicating a negative result, with a QR code or,
  • a certificate of rapid antigenic test of less than 24 hours indicating a negative result, with a QR code.

The cost of the tests will not be covered by the employer and the scheme shall not be notified to the Health Directorate (Direction de la Santé).
If the employee refuses or is unable to present a certificate:

  • the employee cannot access the workplace or,     
  • the employee may take legal or contractual leave or,       
  • the employer may adapt the employee's situation (homeworking).

If no agreement is reached, the employee automatically loses the corresponding part of his remuneration. This does not constitute a reason for dismissal or any other sanction.
Checking certificates
The employer or another person appointed by him, is required to request ID document from the employee presenting the certificate to ensure that the identity on the certificate presented and the identity on the ID are identical.
Compliance with the obligations by the employer and the employees will be monitored by the ITM (Inspection du Travail et des Mines).
In case of non-compliance, the employer is exposed to an administrative fine of EUR 4,000 and the employee is exposed to a criminal fine of EUR 500 to EUR 1,000 in case of access to the workplace without a valid certificate.
In order to facilitate the checking, the employer may keep a list of vaccinated employees on a voluntary basis, in order to avoid daily controls. The list must be limited to the name of the person and the period of validity of the certificate. Employees on the list may request to have their names removed at any time without justification, and only the employer or those responsible for maintaining the list will have access to its content.

The list must be destroyed after the law expired, on February 28, 2022.

Alain GROSJEAN, Partner
Gabriel BLESER, Partner

Related : Bonn & Schmitt

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