Calendar, role of heads of hospitals or nursing homes, job to which the caregiver will be reassigned…: a ministerial instruction dated May 2, which AFP became aware of on Wednesday May 3, details the terms of the reintegration of caregivers non-vaccinated, highly flammable subject.
According to the text communicated to AFP by the Ministry of Health, the suspended caregivers will be considered as reinstated ” the day after “ the publication of the decree, scheduled for May 14, ordering the lifting of the vaccination obligation against Covid.
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The heads of public establishments (hospitals, Ehpad, etc.) will have to “as soon as possible, and if possible within two weeks, contact each suspended professional to inform him of the end of the suspension and if possible indicate the post of assignment and the date of resumption of work”.
Radiation, change of assignment or conventional termination
In general, the principle is that of a “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, after formal notice.
To try to iron out the difficulties, a change of assignment may however be proposed in the same establishment, and the national mediation system may be activated. Possibilities of contractual termination also exist.
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For employees under private law, the government imposes similar principles, in particular that of offering the same position or a position ” equivalent “. In the event of disagreement on the position that the employee can take over, “it will be up to the two parties to find a solution to end the working relationship”.
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“The path of individual contractual termination could be an adequate mode of termination”according to the government instruction.
political battle
At the end of 2021, France had imposed a vaccination obligation on 2.7 million people, caregivers but also staff in hospitals and retirement homes, paramedics, home helpers and even firefighters. 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%” hospital agents had been suspended for having refused the vaccination obligation.
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The reintegration of suspended personnel had become a political battle horse, in particular for the National Rally and La France insoumise.
In a text to be examined Thursday in the National Assembly, the communist group proposes to delete the text of the law which made it possible to impose the vaccination obligation. A deletion that the government does not want, which wants to be able to reorder a suspension of caregivers if the epidemic situation so requires.
