Staff reintegration suspended and liberals: end of the inadmissibility of the director of the ARS

Staff reintegration suspended and liberals: end of the inadmissibility of the director of the ARS

Staff reintegration suspended and liberals: end of the inadmissibility of the director of the ARS

In the eyes of the director of the Regional Health Agency (ARS), the request of the Collective of bodies to combat compulsory vaccination is inadmissible. For Laurent Legendart, there can be no local negotiations on the conditions of reintegration and remuneration of suspended employees and liberals.

The director of the Regional Health Agency (ARS) of Guadeloupe, Saint-Martin and Saint-Barthélemy, will not take part in the slightest negotiation, on reinstatement and on the conditions of remuneration of employees and suspended liberals.
In a letter dated Monday, September 5, 2022, Laurent Legendart refutes all the arguments put forward on September 1uh last September by Maïté Hubert M’Toumo, on behalf of the Collective of Organizations in Struggle.

In her letter to Laurent Legendart, Maïté Hubert M’Toumo returned to the precautionary order of the Administrative Court of Basse-Terre of 26 August, suspending the suspension of a nursing assistant from the University Hospital of Guadeloupe (CHUG), due to ” unlawful retroactivity “.

READ ALSO: Vaccination: the suspension of an agent of the CHU of Guadeloupe revoked by the Administrative Court

This ordinance has general, jurisprudential and political scope and must be applied to all employees, public officials and liberals suspended from Guadeloupe and, in any case, to all those suspended by the CHUG.

Maïté Hubert M’Toumo, for the Collective of Organizations in Struggle.

The director of the ARS is not of this opinion and he understood it, in his letter-reply:

The rule of law does not [NDLR : l’ordonnance de référé du Tribunal administratif de Basse-Terre] it does not in any way confer “the general, jurisprudential and political scope” that you attribute to it, so much so that with a constant normative equation it cannot be applied to all suspended agents, within the scope of the provisions of the aforementioned law.

Laurent Legendart, director of ARS Guadeloupe, Saint-Martin, Saint-Barthélemy

For the regional health authority, there can be no negotiations on the reintegration of suspended workers, as long as there is no new legislation that reforms the law on the obligation to vaccinate caregivers. In this regard, the director of this institute does not change his line of conduct in any way.

No local authority is competent to change the conditions of application of the legislation in question. Therefore, unless regulatory provisions adopted in application of current legislation, or a new law do not modify the conditions of application of the vaccination obligation, there is no room for local negotiation according to the law.

Laurent Legendart, director of ARS Guadeloupe, Saint-Martin, Saint-Barthélemy

The director of the ARS does not respond to the Collective of Organizations on the question of the provision of care in the islands of Guadeloupe.
Activists opposed to the obligation to vaccinate denounce multiple problems, in the health, social and medical-social fields, from the application of the law of August 5, 2021 and from the suspension of those who have not been vaccinated against Covid-19. For them the conditions of accessibility, permanence, care and work have deteriorated. The collective even speaks of ” scandal ” And ” abuse “.

It is time, he said, to do it return to a normalization of the functioning of the public, social and medical-social health service “, given the favorable evolution of the epidemic, the absence of any hospital pressure and given the lifting of restrictions, in the territory

In addition to this written exchange, the last meeting between the parties dates back to June 3, 2022.

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