Can an Employer Require Its Employees to Submit to the Vaccination Process?
Legal Area: Labor and Employment Law
- 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.
