Vaccination obligation in Lourdes: the employee of a dialysis center dismissed

SubscribersCoronavirus - Covid 19,Lourdes,Hautes-PyrénéesPublished, updated

The administrative employee of the Lourdes dialysis unit refusing to transmit her vaccination status to her employer, the AAIR Midi-Pyrénées association, had challenged "the suspension of her employment contract" before the labor court. men from Tarbes.

It was a decision eagerly awaited by all the employees who had their employment contract and therefore their salary suspended, by their employer, because of the vaccination obligation and which could have set a precedent. Yes, but here it is: the administrative employee of the Lourdes dialysis unit had her request dismissed by the industrial tribunal of Tarbes. She had raised "the exception of illegality" of article 49-2 of the decree of August 7, 2021 which extends the vaccination obligation to administrative staff and asked the council to "stick to the only law of August 5 2021" which "imposes a vaccination obligation only for personnel carrying out their activity in contact with vulnerable people". She also believed that her work had been suspended since September 16 "in violation of the provisions of the Labor Code which prohibits sanctioning an employee because of his state of health".

“We are in a lawless zone”

She explained that "although it is not up to a company manager, any more than to the president of an association, to check one of his employees on his state of health, his manager ordered him to justify the compliance with the vaccination obligation, encroaching on the competence of occupational medicine, in violation of article R 4624 of the Labor Code". “It is not because we are in a pandemic that we have to sit on the Labor Code, believes the lawyer for the complainant Xavier Terquem-Adoue. We are in a zone of lawlessness. Employees who do not wish to communicate their vaccination status to their employer because of medical secrecy, are not dismissed because they do not have a notice of incapacity issued by the occupational doctor, but their remuneration is nevertheless suspended. It's an unprecedented situation."

The employer's point of view

His employer, the AAIR Midi-Pyrénées association, recalled that he did not rely on the Labor Code but of course the law of August 5, 2021 to suspend the work of his collaborator. She mentioned that this law provides in its article 12 that "persons exercising their activity (...) in health establishments" such as the dialysis unit of Lourdes must be vaccinated against Covid 19, this same article specifying that the The vaccination obligation concerns "people working in the same premises as professionals". While adding that article 13 of the same law specifies that "employers are responsible for monitoring compliance with the obligation for the persons placed under their responsibility" and that article 14 states that the employees concerned "can no longer carry out their activity if they have not presented proof of the administration of the required doses of vaccine".

"The employer had no choice but to suspend the employment contract"

The industrial tribunal was in favor of the employer, relying on article 12 of the law of August 5, 2021: "contrary to what the plaintiff maintains, article 12 does not aim (only ) people in contact with vulnerable people but all people carrying out their activity in a health establishment" such as the person concerned. Rejecting the violation of the Labor Code, the industrial tribunal considers that "the employer had no (...) other choice than this suspension of the employment contract made compulsory by the law of August 5, 2021" .

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Yes, I want to follow the answersNo, I'm not interested Comments (20)gege0938 2 months ago On 11/24/2021 at 18:21

Lourder in Lourdes she does not deserve better and especially not the status of caregiver

6hif 2 months ago On 11/24/2021 at 16:47

@ GEGE1: "We are vaccinated or we are not." So why not let your management know?

Frankou 2 months ago On 11/24/2021 at 16:40

Harm to whom??? We are 85% of French people who have received 2 or 3 doses! We are not risking anything.

minouche2 months agoOn 11/24/2021 at 18:29

@Frankou we risk nothing! are you kidding or did you not understand everything? Look at the stars of the sick in hospital. As many vaccinated as unvaccinated.

FFAG652 months agoOn 11/24/2021 at 20:34

False sense of security.... on the contrary, we must not forget the barrier gestures

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