Can I prevent an employee from wearing the yarmulke or the month of Ramadan ? The ministry of Labour will unveil on Monday a guide of the religious fact in business to help employees and employers cope with the situations encountered in the workplace.
Passed in to the social partners and consulted Thursday by the AFP, the “guide to practice of religion in private companies” answers 39 questions practices that may arise with employers, employees and job seekers. Myriam El Khomri will be presented formally on Monday to the social partners.
The guide, unveiled by the regional dailies the group Ebra, provides basic principles, such as the prohibition to apply his religion to a candidate or mention in a job offer, to disobey his superior because she is a woman, of proselytizing in business, to be absent without permission to celebrate a religious holiday not to submit to the medical examination because of his convictions, or deny a request for leave because of his motive religious.
The guide focuses on “concrete situations”. For example, an employee “refuses to be in contact with pig meat” when he was “recruited as a butcher,” and had submitted “no objection at the time of recruitment,” the employer can he punish ? “Yes,” replies the guide.
The internal rules of a company can provide for a prohibition to wear the veil, the kippa or the turban a sikh ? Yes, if these outfits have a “consequence in terms of safety, or hygiene, or organization”, but “not because of (their) religious character”. Several questions relate to the prayer. The employer may prohibit such activity during working time, but not during the breaks “if it does not disturb the organization of work”. It may, however, prohibit employees to pray in a meeting room, and is not obliged to make available a prayer room, even if several employees ask him. Another case: an employer can “prohibit” an employee “to do the fast of Ramadan” ? “No,” but it should “remove from his job” if he is not in capacity to work “in the conditions of security required.” The employer may also “proceed with a change of assignment” or “create work schedules”.
As a last resort, “if no fitting can be put in place” and “if unable to perform the work disorganize” the company, “the dismissal may be considered” for “disorder objective caused in the business”, but “not to blame”.
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