Can caregivers who refuse vaccination get unemployment if they are made redundant?

If the caregivers refuse the vaccination, they can be dismissed “after a few months”, warned the Minister of Health Olivier Véran. In this case, the question of their right to unemployment benefits arises.

Caregivers were among the first populations to be able to access vaccination, but some professions are still reluctant to receive their two injections. According to figures communicated by the Ministry of Health, only 55% of healthcare professionals in nursing homes and long-term care units have received at least one dose. Faced with this sluggishness, the government has decided to tighten the screws: Monday evening, Emmanuel Macron thus indicated that vaccination would be necessary for all caregivers. The government brandishes the threat of dismissal in case of refusal. For recalcitrant caregivers therefore quickly arises the question of the conditions and consequences of these dismissals: will they be entitled to compensation?

Concretely, caregivers have until September 15 to decide and decide whether or not they want to be vaccinated, according to the details of the Minister of Health, Olivier Véran: “from September 15, if you are a caregiver and you are not vaccinated, you will no longer be able to work and you will no longer be paid“, He thus indicated the same evening on the set of LCI. Vaccination will be controlled by employers, regional health agencies, school management or even health insurance.

Dismissal for misconduct

Controls, and sanctions. If it turns out that a caregiver has not been vaccinated and refuses to receive the injections, he may be suspended from the employment contract – and therefore, his salary – for a period ranging from “un at six months”, According to details communicated by the Minister of Labor, Élisabeth Borne. If the employee persists in his refusal to be vaccinated, he then risks a “layoff“Of a few days, even a”dismissal».

However, the government did not specify for which “fault»The dismissal would be pronounced before the law. There are different types of faults recognized in law: simple fault (repeated absences, for example), serious fault (a violation of the obligations of the employment contract) and gross fault (a fault intentionally aimed at harming the employer) . However, only these last two categories can be preceded by a layoff as soon as the employer becomes aware of the fault, it is therefore necessary to consider that it is one of them which will be invoked in the event of refusal of the vaccination. .

In both cases, the dismissal gives the employee the right to unemployment benefit, explains Isabelle Mathieu, lawyer specializing in labor law at Daem Partners. “Dismissal for serious misconduct, as well as for gross negligence or even abandonment of post (a dismissal that follows a long period during which has not reported for work) are currently followed by compensation.», Explains the lawyer. Indeed, in accordance with article 5421-1 of the Labor Code, employees involuntarily deprived of employment – this is the case of caregivers – or whose contract has been conventionally terminated are entitled to this allowance.

In the event of dismissal for serious misconduct or gross negligence, the employee will not however be able to receive the severance pay and the compensation for notice. A dismissal is therefore not without financial risks, all the more so if we take into account the potential period of layoff, which deprives the employee of his salary, and which does not entitle him to unemployment.

To see also – Vaccination obligation, health pass: can we fear new fractures?


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