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Coronavirus: Can my employer ask for a Covid-19 vaccination?

2020-11-29T02:36:07.947Z

Can companies or airlines prescribe a vaccination against the coronavirus? The lawyer Volker Römermann is skeptical. However, he believes that a statutory vaccination is possible.



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Swine flu vaccination of a policewoman at the company doctor (archive image)

Photo: Z5328 Jens Wolf / dpa

SPIEGEL:

The Australian airline Qantas wants to only allow passengers who have been vaccinated against the coronavirus on board in the future.

Will that go to school? 

Römermann:

According to German law, airlines have no obligation to carry.

The captain of an aircraft as well as captains on board ships can make use of a kind of total domiciliary right and cannot take passengers with them.

However, this only applies in the event that there is an acute danger situation for the flight.

I'm skeptical about the coronavirus.

The virus threatens the other guests, but not the safety of the specific flight.

Therefore, the airline would have to specify in its terms and conditions before booking that it would only take vaccinated people with it. 

SPIEGEL:

Will the airlines make use of this? 

Römermann:

Such a change in the terms and conditions would be legally open to challenge.

After all, vaccination is a physical procedure.

Customers could question whether the vaccination requirement is appropriate.

Because the airline could also provide more space in the cabin by not selling all the seats.

It must not simply issue a rule for reasons of savings, but must be able to prove that the expected benefit cannot be achieved in any other way.

Otherwise the terms and conditions may be ineffective because they are not appropriate.

The airline could argue that it has a right to request a vaccination in order to get more people to travel.

The courts would have to weigh that up. 

SPIEGEL:

Compulsory vaccinations for air travelers could lead to a lack of vaccines for risk groups.

Römermann:

I don't think that airlines enact such rules on a large scale.

Rather, some countries will include compulsory vaccinations in their entry requirements, similar to yellow fever.

In many places, a negative PCR test is required.

SPIEGEL:

Could Deutsche Bahn or other public transport providers prescribe a vaccination?

Römermann:

Probably not.

They are part of the public service and must not simply exclude people from being promoted. 

SPIEGEL:

What about the employer? 

Römermann:

If the employer requests a vaccination, that would be a subsequent change in the contract.

This is not permitted without the consent of the employee.

In addition, the boss would have to prove that it is not possible for him to employ the employee without a vaccination.

But because there are masks and keeping a distance, it becomes difficult. 

SPIEGEL:

What about doctors who don't get vaccinated?

Römermann:

Even here, compulsion will be difficult to enforce.

The doctor can argue that he always wears a mask.

It would take a very clear advantage of vaccination over conventional protective measures to get through as an employer with an obligation. 

SPIEGEL:

Is it possible that there will be a legal obligation to vaccinate? 

Römermann:

The current Infection Protection Act does not exclude compulsory vaccination.

It says that a person cannot be forced to vaccinate only if there are contraindications.

The legislator has made mandatory vaccination at least theoretically.

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Source: spiegel

All business articles on 2020-11-29

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