If businesses in catering, culture, sports and leisure have been among the most impacted by the COVID-19 pandemic, the new measure, which is clearly aimed at them, should allow them to remain open and expand the maximum capacity of customers in closed places (here is the list of businesses concerned ). "The vaccination passport will prevent certain businesses from closing their doors," maintains the Federation. Is the vaccination passport a condition of employment for these businesses? Unless they become customers themselves, the server or trainer is not required to have one, as the level of risk is not high enough to justify it . Let's try to see things more clearly...

The vaccination passport, a must for certain industries?

“What we want is to revive the economy. People are eager to return to the office,” says Mr. Rhéaume, senior director of communications and external relations for the Fédération des Chambres de commerce du Québec, which is encouraging the deployment of the vaccine passport, including verifying employees’ vaccination status using regular screening tests.

At the federal level, several companies are subject to mandatory vaccination by the end of October: banks, broadcasting and telecommunications companies, airlines, railways and maritime transport companies. Air Canada has made vaccination a condition of employment, deciding not to offer rapid testing as an option to recalcitrant employees.

In Quebec, the Minister of Labor, Employment and Social Solidarity, Jean Boulet, clarified that vaccination status cannot be a factor of discrimination in hiring or a reason to dismiss an employee.

A provincial consultation in parliamentary committee took stock of the mandatory vaccination of employees on August 26 and 27, 2021. For the moment, all health and social services workers, whether in contact with patients or not, must be vaccinated as of October 15, under penalty of suspension without pay. At the time of writing, the government obligation has not been extended to other categories of workers.

Company discretionary choice: case by case

It is up to the employer to decide whether a vaccine passport is necessary for its staff. The Quebec government says it does not want to interfere in the management of employers. However, the assessment to be made is not simple: on the one hand, there are fundamental rights, including the right to physical integrity of employees who do not get vaccinated. On the other hand, there is the employer's responsibility to protect its workers.

At this time, our understanding is that employers must provide for those who do not get vaccinated with regular testing, reassignment to other duties or schedules, or telework. The requirement to be vaccinated must be reasonable in the context of each workplace and the employee's duties.

In settings where direct and frequent contact is required between employees or with customers, the employer could demonstrate that employee vaccination constitutes a bona fide occupational requirement, with a sufficiently high level of risk that there is no other possible alternative . Discussions are ongoing.

Teleworking and hybrid formula

In any case, Public Health favors teleworking when possible, a reasonable accommodation which has proven itself, and which has become a real alternative to face-to-face professional activity.

The most recent survey by the Chamber of Commerce of Metropolitan Montreal (CCMM) also confirms that workers prefer a hybrid return, namely in person and remotely: 51% favour being present two or three days a week. Furthermore, 78% of those surveyed are satisfied with teleworking, citing the savings in travel time and a better work-life balance.

A hybrid formula seems to be the ideal solution. After careful consideration, this is what OBOX, which works in creation and production, has chosen to do. “The employees on the studio side are all vaccinated,” says Robert Boulos, president and partner. “They work very closely, together and with external stakeholders. There are microphones to hold, cameras, etc. It happened naturally on their side. For the other divisions, I adjusted according to the obligations related to the tasks: some employees are only teleworking, others do a mix of office and home.”