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It is not unconstitutional for employers to order compulsory vaccination

Nearly thirty complaints were filed in a case before the Constitutional Court.

The Constitutional Court dismissed constitutional complaints against the legal provision making compulsory vaccination of workers mandatory – published On the website of the body that announced its decision on Friday by Nepszava Stab. Nearly two dozen people turned to the Constitutional Court to annul the government decree on the grounds of unconstitutionality, in which the complaints were joined.

“The contested legal provision does not enter into force directly, but through an action of the employer that can be challenged in the labor court.”

What is stated in the explanatory note.

Under the government decree, the employer can still order workers to be vaccinated against the coronavirus, or else they can send them on unpaid leave and end their work after one year.

The complainants argue that the regulation violates the right to self-determination and that the legal disadvantage of not vaccinating has serious financial and moral consequences that are disproportionate to the goal of curbing the epidemic.

The additional reasoning of the Constitutional Court was as follows:

“The employer’s decision cannot be arbitrary: it must first of all take into account the safety of workers in the specified workplace, and must also take into account the peculiarities of the workplace and occupation in order to protect health. The government decree provides only for the possibility of mandatory vaccination and the application of Legal Consequences.

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