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Compulsory vaccination: there is a loophole, a minefield for regulation

Despite the clarification of the current government decree, there is still uncertainty about the mandatory prescribing of vaccination. According to the specialized lawyer of the Pozderka law firm, the employer does not order the taking of vaccination, but states that the vaccination is necessary for the performance of the job. This is important because the employer does not decide to order vaccination without restrictions, but he should think about whether it is necessary to take the vaccination for each group of employees. index.

In the opinion of the lawyer, the employer may order compulsory vaccination in order to protect health, but since the meaning of this condition is not specified, and what is the quality standard, the employer cannot decide on this without restrictions. On the other hand, you need to check on a job by job basis whether the condition is met.

On the other hand, the decision to vaccinate is part of self-determination, a fundamental right, so the issue of necessity and proportionality must be taken into account when restricting it. It is therefore necessary to examine whether the inclusion of the vaccine is necessary to perform the function, whether it is proportional to it or whether the same goal can be achieved with slight restriction. (By the way, this legal interpretation is also shared by the HCLU, where the portal draws attention.)

From the point of view of data management, the situation is exceptional: usually, such sensitive data may not be available to the employer, but the regulation guarantees this right throughout the emergency period. You can also check the vaccination if the employer has set a written deadline and no later than 45 days to give the vaccination.

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However, if vaccination has already been requested, vaccination cannot be evaded, because the condition of work is to take the vaccine, i.e. the employee can only work if he confirms vaccination, and vice versa: the employer can only and they add to allow someone to work if the worker confirms that the vaccination has been Taking.

If the employee disagrees, he may be penalized under labor law or sent on unpaid leave for up to a year by government decree. Or if 45 days have passed and the worker has not been vaccinated, he can be fired.

In such a case, ordinary termination may be applied, but also immediate termination. Under the Compulsory Vaccination Regulation, if a person is released after one year of unpaid leave, they will not be entitled to severance payments. This, in turn, can be sued: if the employer punishes – dismissal, dismissal, etc. The worker attacks the punishment, not the “order” of vaccination.

If compulsory vaccination is not requested at the workplace and the worker can be proven to have the virus there, this may result in the employer being held liable. An employee cannot sue the employer if he requires compulsory vaccination, but does not want to hire it.