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How can an employer justify the professional travel of an employee in the covid context?

A specific form has been issued by the French Government

27/03/2020

The French Government announced measures of containment applicable into the entire French territory.

Now, any person must be able to provide a certificate to authorities for any movement.

The document must testify the purpose of the movement which must be one of the following ground: 

(i)        To go to work when working from home is not possible or in case of compulsory business trip which cannot be rescheduled;

(ii)        For basic necessity purchases or for purchases required by the professional activity ;

(iii)       For health reasons;

(iv)       For compelling family motive, assistance to vulnerable persons or child custody;

(v)       For short movements near the residence (i.e. individual physical exercise or pets’ needs) limited to one hour per day and within a 1-kilometer radius from the residence;

(vi)       For a judicial or administrative summon;

(vii)      To fulfil general interest tasks requested by the administrative authorities

Non-compliance with this obligation may be punished by a fine (€135).

The document, which must be issued by the employer, is sufficient to justify the professional travel of an employee, whether it is:

  • the usual journey between the employee's home and place of work or travel between different work places when the nature of his duties so requires;
  • a business trip which cannot be postponed, at the request of the employer.

It is therefore not necessary for the employee to have, in addition to this document, the other certificate used for non-professional purposed (to go to the grocery store, to walk the dog…).

It is advisable to indicate all places of exercise of the activity of the employee, except if the nature of this activity does not allow to know them in advance (for example: deliveries, interventions on call, etc.).

The validity period of this document is determined by the employer. There is therefore no need to renew it every day. This duration must take into account the work organization set up by the employer (staff rotations for example) as well as periods of leave or rest. You should exclude rest days from the period of validity. Example: Monday March 23 to Tuesday March 31 except Saturday March 28 and Sunday March 29 (weekly rest days).


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