Reintegration of suspended staff and liberals: end of inadmissibility of the director of the ARS

Reintegration of suspended staff and liberals: end of inadmissibility of the director of the ARS

The request of the Collective of organizations fighting against compulsory vaccination is inadmissible, in the eyes of the director of the Regional Health Agency (ARS). For Laurent Legendart, there can be no negotiations, locally, on the conditions of reinstatement 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 the reinstatement and the conditions of remuneration of the suspended employees and liberals.
In a letter dated Monday September 5, 2022, Laurent Legendart refutes all the arguments made on September 1er 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 interim order of the Administrative Court of Basse-Terre of August 26, suspending the suspension of a nursing assistant from the University Hospital Center of Guadeloupe (CHUG) , due to ” illegal retroactivity “.

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

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

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

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

The rule of law does not [NDLR : l’ordonnance de référé du Tribunal administratif de Basse-Terre] in no way confers “the general, jurisprudential and political scope” that you attribute to it, so that with a constant regulatory equation it cannot apply to all suspended agents, within the framework of the provisions of the aforementioned law.

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

For the Regional Health Agency, there can be no negotiation on the reinstatement of suspended workers, as long as there is no new legislation which reforms the law on the obligation to vaccinate caregivers. On this subject, the director of this establishment in no way modifies his line of conduct.

No local authority is competent to modify the conditions of application of the law in question. Thus, unless regulatory provisions taken in application of the current law, or a new law modify the conditions of application of the vaccination obligation, there is no room for local negotiation at constant 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 supply of care, in the islands of Guadeloupe.
Activists opposed to the vaccination obligation denounce multiple problems, in the health, social and medico-social sectors, since the application of the law of August 5, 2021 and 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 return to a normalization of the functioning of the public health, social and medico-social service “, in view of the favorable evolution of the epidemic, the absence of any hospital pressure and considering 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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