« We can ask candidates if they have their health pass, but we do not have the right to ask them to show it to us, because there would be discrimination in hiring! », Laments Gilles Cavallari, president of the Samsic Emploi temporary work agency network. In temporary work companies (ETT), spirits are heated by the arrival of the August 30 deadline. Of the 2.7 million temporary workers identified annually by the Interim and Recruitment Observatory, some 40,000 workers in the hotel, catering and health sectors, etc. must now be in charge. possession of a health pass to exercise in most establishments open to the public.
How to guarantee to the user company that the temporary worker will have a valid pass? Who will have to take care of the possible reclassification of the employee? What will happen when the tests become paid? In temp agencies, these questions nag the minds of recruiters. If the temporary worker is not able to present a valid pass during his assignment, the ETT risks finding himself at odds with the user company.
The uncertain legal framework surrounding the situation of temporary workers affected by this obligation is a “Possible source of litigation, confirms Sahra Cheriti, lawyer specializing in employment law, partner at Aguera Avocats. The temporary employment company has the duty to inform the temporary worker of this obligation, but cannot ask the candidate to show his health pass during recruitment. It is only during its mission that the user company can – and must – ensure that the temporary worker has his pass “.
“For the moment, we have no particular difficulties, employee stoppages or anything”, tempers Roland Gomez, the general manager of the interim company Proman. As for temporary workers, the need to have a health pass to work in establishments open to the public seems to be well understood. “In the great majority, people are aware of this new obligation, even if we have some refractory”, confirms Alexandre Pham, co-founder of the interim company Mistertemp’group.
“Tip of the iceberg”
Its teams had to manage a few cases of “anti-tax” temporary workers, working in the paramedical sector. But the temporary nature of the interim contracts meant that this situation resolved itself. “As contracts in this sector are generally made on a daily basis, these temporary workers have chosen not to renew them”, indicates Alexandre Pham.
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