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Can an Employer Require Its Employees to Submit to the Vaccination Process?

  • Employers are not empowered to require their workers to undergo the vaccination process against COVID-19.
  • The employer cannot refuse to grant the agreed job to a worker for not being vaccinated against COVID-19.
  • The Labor Directorate is not the authority called to determine the vaccines that are mandatory for workers.
  • The employer cannot condition the validity of the employment relationship to the fact that a worker is vaccinated against COVID-19.
  • The fact of requiring vaccination against COVID-19 as a requirement for hiring could be considered an act of discrimination.
  • The employer must grant its workers the necessary facilities and permits so that during the working day, they can go to get vaccinated against COVID-19, without impairing the worker.

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Our international vision and excellent team of lawyers, who provide services in Spanish, English and French, allow us to advise foreign companies that are looking to grow in Chile as well as Chilean businesses that would like to develop their activities abroad.

Chile

Santiago de Chile - Las Condes