More and more people are vaccinated against Corona.
Now the question arises: Can access to the company be linked to the vaccination status?
A specialist attorney classifies.
The corona vaccinations are making progress.
Gradually, the way back to normal seems to be opening up.
But not everyone wants to be vaccinated *.
Can that have
any consequences for the job
?
Can employers refuse access to the company if their employees are not vaccinated?
Or refuse to pay?
It is not quite that easy.
"There is
no compulsory vaccination with Sars-CoV-2
, not even in hospitals," says Peter Meyer, specialist lawyer for labor law in Berlin.
The personal rights of employees and their right to physical integrity must be weighed against the interests of an employer and weigh more heavily.
An employer can therefore usually not oblige employees to be vaccinated.
Also interesting:
Hairdressers: New freedoms for those who have been vaccinated and those who have recovered - how can customers identify themselves?
Different legal views
When it comes to the question of whether the employer can refuse non-vaccinated people access to the company, there are two different legal views, according to Meyer.
Some legal experts are of the opinion that the employer should limit access to the company.
“The
employer has house rights
that he can exercise.
He could set the condition: only vaccinated people have access, ”said the specialist lawyer.
If the unvaccinated can do the work owed without access to the company, for example in the home office, the employer should enable home office according to the currently applicable Corona Occupational Health and Safety
Ordinance
(valid until June 30, 2021)
.
What if that doesn't work?
Since there is no legal vaccination requirement, Meyer estimates, one would be obliged as an employer to pay the salary if one denied the non-vaccinated access to the company and home office is not possible.
Also read:
Corona vaccination during working hours?
In this case, employees can take leave of absence.
Disadvantage for the unvaccinated
Other legal experts also emphasize that employees should not be disadvantaged because they are exercising their right not to be vaccinated.
Trade unions in particular therefore consider access restrictions for employees who do not want to exercise their right to vaccination protection to be a
disadvantage
.
"In any case, in this case the courts would sentence the employer to continue paying the remuneration even without work," is Peter Meyer's assessment.
It turns out that a fundamental access restriction for people who do not want to exercise their right to vaccination is difficult to enforce.
What, on the other hand, should be permissible in the opinion of the specialist lawyer: "Employers where the workforce currently works from home will probably be able to say that
only teams in which everyone is double vaccinated can come into the company
and work together there." Other employees would then have to continue to work in the home office, for example, until they are also double vaccinated or the home office obligation is lifted.
(dpa / tmn / as)
* Merkur.de is an offer from IPPEN.MEDIA
.
More on the topic:
Corona vaccinations will soon be possible with the company doctor - the start date has been set.
Do you want to stay up to date with the latest career news?
Then follow our industry page on the Xing career portal.
Surprising: These five professions make you sick
Surprising: These five professions make you sick
