The CGT, Solidaires and the FSU announced on Tuesday that they had joined the referral to the Constitutional Council on the law relating to the management of the health crisis, for "the defense of the fundamental rights" of workers.

"Several organizations including the CGT, Solidaires, and the FSU filed [Tuesday] with the Constitutional Council an external contribution" on this text, adopted on July 25 in Parliament, write the three organizations in a joint statement.

They believe that the law, which provides in particular for the controversial extension of the health pass and the vaccination obligation for caregivers, “attacks several major constitutional principles: the right to employment, equality and the prohibition of discrimination, respect for private life and the right to social protection and public health ”.

Procedure for suspension of the employment contract

The unions consider in particular that with the pass required for people frequenting certain places and employees working there, “the law will in particular strengthen the subordination of employees by granting employers new disciplinary provisions which are not supervised and which cannot be controlled by the workers. 'labor inspection or by occupational medicine'.

"It will create or unconstitutionally accentuate new discrimination between employee (s), depending on the nature of their employment contract, the position held or the professional branch and the place in which they exercise their profession", continue the unions.

In the absence of a pass or in the event of non-compliance with the vaccination obligation for the employees concerned, the law provides in particular for a procedure for the suspension of the employment contract without remuneration, which ends when the employee produces “the required supporting documents”.

The text adds that a CDD can be broken "before the expiry of the term", without damages and interest, temporary contracts can also be terminated prematurely.

"Unconstitutionality of the law"

In the eyes of the unions, the Constitutional Council, which is due to render its decision on Thursday, after its referral by Matignon and left-wing parliamentarians, "can only declare the unconstitutionality of the law and invalidate the discriminatory provisions which undermine (the) rights fundamentals ”.

“If vaccination has been proven for years, it cannot be done under all conditions and at all costs.

It is through information, education, debate that doubts can be removed and not through threats and coercion, ”they say.

Since July 21, the pass - negative Covid test, vaccination certificate or recovery certificate - is already mandatory in certain places of leisure and culture (cinemas, museums, etc.).

It must be extended on August 9, in particular to coffee shops or mainline trains.

Society

Anti-health pass demonstrations: suspended prison sentence for two men in Paris

Politics

Coronavirus: Can the health pass be challenged by the Constitutional Council?

  • Society

  • Constitutional Council

  • Union

  • Health pass

  • Covid 19

  • Coronavirus