• Return face-to-face:

  • Rights and duties
  • Psychosocial risks
  • Support logic

 

• Implementation of telework after confinement

  • Management - loss of benchmarks for managers and employees
  • Contractual part
  • The tools
  • Additional remuneration, compensation, restaurant tickets, transport, computer equipment

 

The group invites you to share its work as it is published.

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Legal update on Telework and the Health Pass 

As part of our cross-agreement with CIFL, a workshop was organized.

With the start of the school year, new rules are changing our working habits: teleworking is no longer compulsory but still popular, the health pass is required by some customers and some companies in a sometimes controversial way ... your questions are numerous on this subject. .
We therefore asked the Cabinet Chassany Watrelot Associés, represented by Me Aymeric d'Alençon, to present to us the legal provisions which govern these new rules and to answer all your questions on this subject.

Below is the link that will take you to the September 28 presentation: https://cifl.com/media/media/WebinairesocialRHdu28-092021CIFL.pdf

 

The national protocol to ensure the health and safety of company employees in the face of the Covid-19 epidemic was updated on August 9 and then on August 31, 2021 with entry into force on September 1, 2021.

In particular, it has been updated to take into account the implementation of the health pass for people working in places subject to it.

 

 

Teleworking, a necessary measure that comes under social dialogue 

 

Teleworking remains an essential preventive measure. Its definition is now a matter of local social dialogue.

The updated protocol states that "Teleworking is a mode of organization of the company which can participate in the process of prevention of the risk of infection with Covid-19 and make it possible to limit the social interactions around the places of work and on the journeys home to work. The national inter-professional agreement (ANI) of November 26, 2020 for the successful implementation of teleworking constitutes a useful reference framework for its implementation. As such, employers set, within the framework of the local social dialogue, the procedures for using this mode of work organization while ensuring that links are maintained within the work group and the prevention of risks associated with the isolation of employees working from home. ”

 

Thus since September 1, companies that wish have the possibility of bringing back their employees at 100% on site.

For companies that have already set up teleworking agreements, they can again apply normally, regardless of the number of remote days planned.

 

For companies which have not yet set up teleworking agreements and which do not have a CSE, a unilateral charter is now possible.

 

 

The health pass

 

Since August 30, 2021, people (employees, volunteers, service providers, temporary workers and subcontractors) working in certain places, establishments, services or events must present the health pass (result of an RT-PCR screening examination, an antigen test, proof of vaccination status or certificate of recovery following contamination by Covid-19).

 

Some employees and other professionals are not not subject to the health pass if their activity takes place in areas not accessible to the public or outside opening hours to the public or in the event of urgent interventions or for delivery activities.

 

Employers must monitor compliance with this obligation, on the basis of supporting documents presented by the employee.. When an employee affected by the health pass does not present the supporting documents, he can, with the employer's agreement, take days off or RTT.

 

The regularization interview must take place with the employee who does not present a health pass, and who then sees his employment contract suspended, at the end of the 3rd day following the suspension. It aims to examine ways to regularize the situation, for example offering an assignment to another position or working remotely when possible.

 

Professionals working in these places and events who will have to present the health pass will no longer be required to wear a mask. On the other hand, the wearing of the mask can be made compulsory by the prefect, as well as by the operator or the organizer.

 

 

The vaccination

 

Employers must promote the vaccination of their employees by authorizing them to be absent during working hours. Absences for employees and trainees do not lead to a reduction in remuneration and are assimilated to actual working time.

 

The absence to be vaccinated is not limited in time; however, its duration must be reasonable in relation to the travel time required. The absence authorization may be granted to an employee who wishes to accompany a protected minor or adult to be vaccinated. Employers can ask the employee for confirmation of the vaccination appointment or proof that the vaccination has been carried out.

 

Vaccination is compulsory for caregivers and workers in health and medico-social establishments and services. It will be implemented in two stages. Between September 15 and October 15, a first dose of vaccine and a negative test result will be required. From October 16, the presentation of proof of the complete vaccination schedule will be requested.

Employers must monitor compliance with this obligation. People with medical contraindications must present a medical certificate.

 

As a reminder, employees aged 18 and over can be vaccinated by occupational physicians.

 

 

Reinforced measures for vulnerable employees

 

Vulnerable employees can now return to the site while benefiting from reinforced protective measures :

 

• isolation of the workstation, in particular by providing an individual office or, failing that, its layout, to limit the risk of exposure as much as possible, in particular by adapting schedules or putting in place protections material;
• respect during his professional activity of reinforced barrier gestures (reinforced hand hygiene, systematic wearing of a surgical-type mask when physical distancing cannot be respected or in a closed environment, with a change at least every four hours or if it is wet or damp);
• absence or limitation of workstation sharing;
• cleaning and disinfection of the workstation and the surfaces affected at least at the start and end of the shift, in particular when this job is shared;
• adaptation of arrival and departure times and any other business trips, taking into account the means of transport used by the person, in order to avoid peak hours;
• provision by the employer of surgical-type masks in sufficient number to cover journeys between the home and the workplace when the person uses collective means of transport.

 

As of September 15, 2021, employees particularly at risk when teleworking is not an option, may be in partial activity or receive exceptional daily allowances if they meet one of the following conditions:

 

• justify a criterion of vulnerability to Covid-19 appearing in the list of the opinion of the High Council of Public Health (HCSP) of October 29, 2020 (except in the case of severe immunosuppression) and be in one of the following 2 situations: be assigned to a post likely to be exposed to high viral densities (for example, in first-line hospital services or Covid-19 sectors) or justify a contraindication to vaccination.

• be a severely immunocompromised person needing to receive a 3rd vaccine dose within the meaning of the opinion of April 6, 2021 of the Vaccine Strategy Orientation Council.

 

The vulnerable employees concerned must apply for an isolation certificate in order to be placed in partial activity. This certificate can be drawn up by the attending, city or work doctor. A new documentary evidence is required for those who have already had an isolation certificate between May 2020 and August 2021.
They can benefit from compensation paid for partial activity until December 31, 2021.

 

Support employers and employees 

 

• Vaccination card and health pass at work for employers and employees

• Guides Good practice advice and job descriptions for employers, employees and anyone involved in the company ;

• Guides to support employers: Resumption of activity after business closure carried out with the National Agency for the Improvement of Working Conditions (Anact);
•  The Questions and Answers "Preventive measures in the company against Covid-19";
•  The Questions and answers "Obligation of vaccination or to hold a health pass for certain professions".

Presentation of the HR CLUB "Living telework" - CIFL with ERYS - May 19, 2021

Find the key principles and best practices in terms of organization, time management and communication for combine teleworking and quality of life :

> Arrange / organize your workspace: Ensure continuity, preserve your physical and mental health.

> Manage your time and priorities / articulate life times: The rules to be established, the limits to be set.

> Communicate with your manager and the rest of the team: The need to jointly establish operating rules, use the right communication tools at the right time, create / maintain the link at a distance, give confidence ... Download the presentation

To find the RH CLUB replay with Erys, it's here.

 

Flat-rate teleworking allowance

When the salary in a telework situation incurs costs, the flat-rate allowance paid by the company will be deemed to be used in accordance with its purpose and exempt from social contributions and contributions up to the global limit of € 10 per month, for an employee working one day telework per week. This flat-rate allowance increases to € 20 per month for an employee carrying out teleworking two days per week, € 30 per month for three days per week.

This flat-rate allowance must not be included in the gross remuneration uncapped, but must be declared in DSN within the other items of gross income (code "07 - Professional expenses reimbursed at the fixed rate" in section S21.G00.54.001).

The national health protocol of August 31, 2020, updated on February 19, 2021 provides that "Teleworking is a mode of organization of the company which actively participates in the process of preventing the risk of SARS-CoV-2 infection and makes it possible to limit social interactions around workplaces and on journeys between home and work (…).

In the current exceptional circumstances, linked to the threat of the epidemic, it must be the rule for all activities that allow it. In this context, the working time carried out by teleworking is increased to 100% for employees who can perform all of their tasks remotely (…).

For employees working remotely at 100 %, a face-to-face return is possible one day a week at most when they express the need, with the agreement of their employer. This arrangement takes into account the specificities linked to work organizations, in particular for teamwork and endeavors to limit social interactions in the workplace as much as possible ”.

For small and medium-sized businesses that did not have recourse to teleworking before the health crisis, the implementation of teleworking constitutes a significant change in the organization of the company, requiring to distribute activities differently, to adapt the equipment. , to define a new mode of remote management.

Also, taking into account health requirements, a service offer dedicated to teleworking has been created. "Objectif Telework" provides advice and support to organize telework in good conditions by addressing several key points:

- Identify teleworkable activities;

- Improve teleworking practices

- Link teleworking and work on site

- Maintain internal cohesion

- Facilitate the development of an agreement.

Completely free, “Objectif Télétravail” allows any company with less than 250 employees to benefit from advice and support to effectively set up teleworking: Possibility of using an expert or of accessing advice sheets intended for Management , Managers and teleworkers. For more information, you can follow this link: http://anact.fr/objectifteletravail

Finally, the advice sheets on the website of the Ministry of Labor (Organizing well / living teleworking well) can usefully guide both employers and employees:

7 key measures to properly organize teleworking as employers
7 key measures to organize well as a team as managers
7 key measures to enjoy your teleworking as an employee
Legal Resources
Telework and disability

The psychological impact can be significant for both employers and employees. A toll-free number dedicated to supporting employees of VSEs and SMEs who feel particularly isolated or have difficulty carrying out their activity by teleworking is available on 0 800 130 000. It is set up by the Ministry of Labor. It's free and anonymous. To inform professionals, whose activity must deal with the Covid-19 crisis, a telephone number has been set up: 0806 000 245. The call is not surcharged. This is the price of a local call. It is set up by the Ministry of the Economy.

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It is recalled that a risky contact case is a person who, in the absence of a mask :

• shared the same place of life (professional or private) as a confirmed or probable case;
• had direct contact with a case, face to face, less than 1 meter away, regardless of the duration (eg conversation, meal, “coffee-tobacco” break, hugs, hugs);
• provided or received acts of hygiene or care with a confirmed or probable case;
• has shared a confined space (office or meeting room, personal vehicle, etc.) for at least 15 consecutive minutes or accumulated over 24 hours with a case or having remained face to face with a case during several episodes of coughing or sneezing.

All other contact situations are considered "negligible risk".

People crossed in the public space in a fleeting way, even in the absence of wearing a mask, are not considered as contact persons at risk.

Likewise, any person with a history of infection with SARS-CoV-2 (Covid-19) confirmed by a test dating back less than 2 months is considered to be a contact at negligible risk.

If you are identified as a high-risk contact case, either directly by the contact tracing set up by the Regional Health Agency, or by your doctor, you can rely on the video from the Ministry of Solidarity and Health to inform you about the measures to be taken. You are also requested to expressly inform the HR DGA via email declaration_covid_19@cci-paris-idf.fr.

Source: Definition of Public Health France infection cases

Protective measures, tests and masks 

- The measures to put in place by the employer to protect the health of employees

- plug on the employer's obligations

Find all the official answers to the questions you have about what the Coronavirus COVID-19 is and the recommendations for your health on the platform https://www.gouvernement.fr/info-coronavirus

The good practices to adopt to prevent the spread of the virus and know how to detect symptoms if necessary

“To help companies with less than 50 employees and self-employed workers prevent the transmission of COVID-19 at work, the Health Insurance - Occupational Risks offers the“ COVID Prevention ”subsidy. If you have invested since March 14 or plan to invest in protective equipment, benefit from a grant of up to 50 % of your investment (https://www.ameli.fr/val-d-oise/entreprise/covid-19/une-subvention-pour-aider-les-tpe-et-pme-prevenir-le-covid-19-au-travail). "

This device is extended until November 30, 2020. To benefit from it, simply download and complete the request form available on ameli.fr/enterprise (page being updated) and send it by email to the company's regional fund (Carsat, Cramif or CGSS) with the requested documents. The subsidy will be paid in one go by the regional fund after receipt and verification of the supporting documents.

As a reminder, at the request of the social partners of the CATMP, exceptional assistance was put in place to help companies implement the measures recommended by the public authorities to fight against the spread of the virus. Since May 18, companies with less than 50 employees and self-employed workers have been able to benefit from the “COVID Prevention” subsidy.

Note that the funded measures fall into two categories:

- barrier and distance measures such as equipment for:

• isolate the workstation (installation of glass, plexiglass, partitions, etc.)
• help guide and enforce distances (poles, barriers, additional rooms, etc.)
• communicate visually on the instructions (screens, tables, poster supports, posters)

- hygiene and cleaning measures such as permanent or temporary facilities for washing hands and body.

Sell and manage remotely with QWANTIQ and CIFL Teams, Zoom, Go to Webinar ... so many words that have become common during the lockdown and which have been widely used to stay in touch with its customers or manage the teams. Many companies are currently wondering how to develop their managerial and commercial practices by integrating them in a sustainable manner these new modes of communication. We will try, during this webinar, to share with Qwantiq some ideas on remote management and we introduce you to the new programs designed on the management and distance selling for our members! Presentation of the training

Mask compulsory in business: why?

The wearing of a mask in business was decided by the Government following the opinion delivered by the High Council for Public Health (HCSP) recommending the wearing of a mask in closed collective places.

The objective of this measure is toavoid a rebound in the epidemic by protecting the health of everyone in their workplace, but also of his relatives once he returned home.

In what situations am I required to wear a mask at work?

Wearing a mask in business is systematic in closed workplaces bringing together several people.

In the following places in particular, the wearing of a mask becomes systematic from 1^er September :

• open space
• meeting room
• circulation space
• place of collective catering
• cloakroom etc.

Are there any exceptions to wearing a systematic mask at work?

Further information ...

Reduced VAT rate / protective clothing : a decree of 23 July 2020, published in the Official Journal of 26 July 2020, defines the list of protective clothing eligible for the reduced rate of 5.5 % of VAT and their technical characteristics: as a reminder, article 5 of the Amending finance law for 2020 of April 25, 2020 provides, until December 31, 2021, for the application of the reduced VAT rate of 5.5 % to deliveries, intra-community acquisitions and imports of protective clothing adapted to the fight against spread of the covid-19 virus. Consult the decree.

 

New version of the National Protocol in companies 

The national protocol to ensure the health of company employees  has just been updated by the Ministry of Labor. Here are the main changes in this document:

 

Teleworking

Telework being already the rule wherever possible, it is now considered even more explicitly as one of the most effective measures to prevent the risk of SARS-CoV-2 infection with the aim of protecting health. workers.

In the departments targeted by specific restrictive measures, companies must define an action plan aimed at reducing as much as possible the time spent on employee sites, taking into account teleworking activities within the company. This action plan thus defined can be presented to the labor inspectorate in the event of an inspection.

The MEDEF made it clear to the public authorities that this action plan should consist only of listing the actions aimed at “maximizing” the use of teleworking as much as possible. day per week at the request of the employee, etc.). This cannot be a formalized identification, and discussed with the employees and / or their representatives, of teleworkable positions in the company: this identification is the sole responsibility of the employer, as is reaffirmed in the ANI of November 26 for a successful implementation of teleworking, including in the event of forced teleworking for exceptional circumstances or force majeure.

 

Sick employees

If an employee is symptomatic and unable to continue working from home, he is invited to register on the Ameli site. This approach allows him to benefit from the payment of daily allowances without waiting period, subject to carrying out a PCR test within 48 hours. “Contact case” employees can request a work stoppage to isolate themselves, without a waiting period.

These measures were already in force, they are now reflected in the national protocol.

 

Carpooling

The employer limits as much as possible the organization of the transport of several employees in the same vehicle within the framework of the professional activity of the employee. If several employees use the same vehicle, they must strictly respect the application of barrier gestures.

 

Company restaurants

The sheet relating toorganization and operation of company restaurants has also been updated.

The employer must:

• where possible, set up take-out packed lunches;

encourage employees to eat alone, in their individual office or in the premises made available by ensuring that the employee leaves the place empty in front of him and a distance of 2m between each person.

A toll free number answers your questions 24 hours a day, 7 days a week: 0 800 130 000

Warning, the telephone platform is not authorized to dispense medical advice, if you have the first signs of respiratory infections (fever or feeling of fever, cough) stay at home and call your doctor. If the signs worsen, call 15 or 114 for people who have difficulty speaking or hearing.

 

Travel is recommended to be limited and the Government is taking measures to strengthening and simplifying the systems offered to employees and companies whose activity is impacted by the coronavirus - COVID-19 : telecommuting, partial activity and benefit of FNE-Training instead of partial activity in order to invest in the skills of employees in the event of a prolonged decline in activity.

Exceptional purchasing power bonus 2021: what conditions, for what amounts?

In 2021, the exemption ceiling for the exceptional purchasing power bonus varies, depending on several conditions. Thus, you can pay an exceptional purchasing power premium ranging:

• up to 1 000 €, if your company has 50 or more employees and has not set up a profit-sharing agreement
• up to 2 000 €, if you meet one of the following conditions:
  • to count less than 50 employees
  • having implemented a profit-sharing agreement
  • to be covered by a branch agreement or a company agreement foreseeing the enhancement of the profession of employees who have contributed, in 2020 or 2021, to the continuity of economic activity and / or to the maintenance of social cohesion by exercising exclusively or mainly on site during periods of health emergency.

Premium must be paid between the 1^er June 2021 and March 31, 2022.

The company must also meet the following conditions to benefit from the device:

• the monthly remuneration of the beneficiary employee must be less, during the 12 months preceding the payment of the bonus, than 3 times the amount of Minimum wage
• the bonus cannot replace a salary increase or to a bonus provided for by a salary agreement, an employment contract or a custom in the company.

Learn more