The ministry of Labour present a protocol déconfinement for the private sector, while recalling that the employer will incur civil and criminal liability in the event of non-compliance with the rules. The proposed protocol will include procedures to be universal , which apply to all employers, regardless of the size of the company. No derogation will be possible. Telework remains encouraged and put as much as possible.
How to comply with the rules of the protocol ?
Office space and Trade : Application of the table of division by 4 with a minimum of 4 square metres per person ; this rule is applied in all areas of the business, corridor, canteen, cafeteria, health degrees. An Open Space of 100 square metres will only receive 25 people at all times. In the same way the lift of 4 square meters, a person, or 8 square metres for 2 people.
Wearing the mask : Mandatory when the rule of the physical distance of 4 metres square is not applicable.
Gate access and physical access control : The gates should be convicted except if the company puts at the disposal of the hydroalcoholic gel in the input and output
Disinfection of premises : The premises shall be disinfected every day.
Disinfection of objects : The principle here is based on the possibility of transfer by contact with an object. Objects, furniture, including door handles, toilets, light switches, surfaces, offices, ramps, stairs will need to be disinfected several times.
Temperature control of the employees : the generalization of this control is excluded and the company may not, therefore, compel an employee to submit to them.
Screening campaign of the Covid-19 : Prohibited.
A business leader interviewed told us :
After the residency, the return to the office or to the active life will be as a conditional release, under supervision. He’ll have to get used to a life more complex and more expensive. The cost of the crisis so far was high it was without counting with these additional constraints. The private sector will adapt and will be organized quickly, the consequences on the way of working will be numerous and will affect the sustainable productivity of the enterprises. The state will have to take this into consideration in the cost of the work, the expenses, but also in the labour code. All this in order to offer a more flexible framework to the company for this additional complexity does not result in economic consequences are devastating for employment.
A clarification is necessary for the State which has a double role in enacting the rules, but also as an employer, certainly in the public sector. Is it that the criminal liability of the employer State is also committed ? If yes, in what capacity, of employer or the one who lays down rules ? It would be unfair that private companies are held criminally and civilly responsible on the rules that have been imposed without the responsibility of the State is fully committed to the doubles title. A judge and a party, a long discussion will continue.