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COVID-19 EU PolicyWatch

Database of national-level responses

Eurofound's COVID-19 EU PolicyWatch collates information on the responses of government and social partners to the crisis, as well as gathering examples of company practices aimed at mitigating the social and economic impacts.

Factsheet for case FR-2020-46/1467 – measures in France

National protocol to ensure the health and safety of employees in companies in the face of the COVID-19 epidemic.

Protocole national pour assurer la santé et la sécurité des salariés en entreprises face à l'épidémie de Covid-19

Country France , applies nationwide
Time period Open ended, started on 13 November 2020
Type Legislations or other statutory regulations
Category Protection of workers, adaptation of workplace
– Occupational health and safety
Author Frédéric Turlan (IRshare) and Eurofound
Case created 26 November 2020 (updated 02 December 2020)

Background information

The return of lockdown as of 30 October 2020 is accompanied by a revision of the company health protocol, published by the Ministry of Labour on 29 October 2020. Teleworking must now 'be the rule for all activities that allow it'. All working time must be carried out by teleworking 'for employees who can carry out all their tasks remotely'. The wearing of masks in enclosed collective workplaces is no longer subject to derogation. And the employer can now organise a screening campaign for COVID-19 in companies using 'rapid tests'.

Content of measure

To take account of the deterioration in the health situation and the restoration of lockdown in metropolitan France and Martinique from 30 October 2020, a new version of the National protocol to ensure the health and safety of employees in companies faced with the Covid-19 epidemic, was put online by the Ministry of Labour on 29 October 2020.

Generalisation of teleworking

Teleworking must now 'be the rule for all activities that allow it': all working time must be carried out in telework 'for employees who can carry out all their tasks remotely.' 'In other cases, the organisation of work must make it possible to reduce the number of home-to-work journeys and to organise the time spent at the company to carry out tasks that cannot be carried out at home, in order to reduce social interactions', the protocol states. Thus, the employer must systematically organise 'a smoothing out of the employee's departure and arrival times in order to limit the number of employees at peak times'. In addition, 'audio or video conference meetings must be the rule and face-to-face meetings the exception' and 'convivial moments bringing employees together face-to-face in a professional setting are suspended'. The employer must always set the rules 'within the framework of local social dialogue, ensuring the maintenance of links within the work group and the prevention of risks related to the isolation of employees working from home'. The employer must also regularly remind employees of the need for systematic compliance with the rules of hygiene and distancing and inform them 'of the existence of the "TousAntiCovid" application [which replaces the StopCovid application] and the value of its activation during working hours'.

Masks: no more exemptions in enclosed collective places

The possibility of temporarily removing one's mask in enclosed and shared workplaces, subject to compliance with other health measures, in certain areas, is removed from the protocol. Thus, the wearing of masks must be systematic for people in enclosed and shared workplaces.

Authorisation for screening in companies using rapid tests

'In addition to the screening campaigns organised by the health authorities and in which companies can participate, employers can, in compliance with the regulatory conditions, propose screening actions to those of their employees who are volunteers', the protocol now states. Until now, any screening action organised by the company was prohibited. This new possibility only concerns 'rapid tests authorised' by the health authorities, in compliance with the prescribed conditions of use. The employer must finance all of these screening actions, which must be 'carried out under conditions that guarantee the proper performance of these tests and the strict preservation of medical confidentiality'. Thus, the results of the tests may not be communicated to the employer or its employees. On the other hand, an employer still cannot organise a serological testing campaign.

Use of measure

It applies to all private law employers and employees.

Target groups

Workers Businesses Citizens
Applies to all workers Applies to all businesses Does not apply to citizens

Actors and funding

Actors Funding
National government
No special funding required

Social partners

Social partners' role in designing the measure and form of involvement:

Trade unions Employers' organisations
Role Consulted Consulted
Form Direct consultation outside a formal body Consultation through tripartite or bipartite social dialogue bodies

Social partners' role in the implementation, monitoring and assessment phase:

  • No involvement
  • Main level of involvement: Peak or cross-sectoral level

Involvement

Peak level social partners organisations are consulted during the design process of the protocole, even formally.

Views and reactions

No information available.

Sources

  • 29 October 2020: Protocole national pour assurer la santé et la sécurité des salariés en entreprise face à l’épidémie de Covid-19, mis à jour par le ministère du Travail le 29 octobre 2020

Citation

Eurofound (2020), National protocol to ensure the health and safety of employees in companies in the face of the COVID-19 epidemic., case FR-2020-46/1467 (measures in France), COVID-19 EU PolicyWatch, Dublin, http://eurofound.link/covid19eupolicywatch

Disclaimer: This information has not been subject to the full Eurofound evaluation, editorial and publication process. All information is preliminary and subject to change.