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With the vaccination certificate in the office - may the employer impose a mandatory vaccination?

2021-07-30T05:49:09.108Z

Google and Facebook only want their employees to be vaccinated into the office. In Germany, however, that is hardly conceivable. But there are alternatives.



Google and Facebook only want their employees to be vaccinated into the office.

In Germany, however, that is hardly conceivable.

But there are alternatives.

Munich - The plans of Internet giants Google and Facebook to only allow vaccinated people access to their offices cannot be transferred to Germany.

Munich labor lawyer Ulrich Grund explains why.

Is compulsory vaccination even conceivable in German offices?

Reason:

not in offices.

At best, one could think about jobs that have to do directly with vulnerable groups.

But there, too, the prevailing opinion is that it is not possible because there is currently no legal obligation for these professional groups either.

What can an employer do if it is important that unvaccinated employees stay away?

Reason:

To a limited extent, it can offer a financial incentive to get vaccinated.

However, this must not be a premium in the four-digit range, because that would violate the prohibition of reprimanding those employees who do not want to be vaccinated.

50 or 100 euros would be allowed.

One could also think in the opposite direction - that one would issue bans for non-vaccinated employees, for example to enter certain rooms, canteens or social rooms.

But you always have to look: Is this really necessary or can you guarantee protection in other ways with measures such as distance, mask, ventilation?

Corona at work: Office ban and still receiving a salary is possible

Can the employer order unvaccinated employees to work from home?

Reason:

At most if the risk of developing Corona * could not be prevented by other measures.

But I don't see that.

The so-called home office obligation has now expired.

If the legislature does not provide for a general obligation, it is difficult for me as an employer to justify why I am forcing someone to work from home because they are not vaccinated.

That means: if you want to go to the office, you can.

Reason:

yes.

Unless you have a job where these protective measures cannot be implemented.

Where you would work in a cage, so to speak.

But even there you could take precautions with a mask * and ventilation.

So if you want to work in the office, but are not allowed to, you will still receive your salary.

Reason:

That is the consequence.

If the employer is not entitled to force the employee to work from home, he must pay the salary, even if he does not use the work.

+

Ulrich Grund, labor lawyer from Munich.

© private

The employer must uphold the fundamental rights protected by civil liberties

Could mandatory vaccination be introduced through a company agreement?

Reason:

no.

This is being discussed, both the works agreement and the collective agreement, but both are rejected.

In the case of a vaccination, the intensity of the intervention is so great that it would not be feasible even through a company agreement.

The parties to the company are also bound by law and equity and thus by safeguarding the fundamental rights protected by civil liberties.

Does an employee even have to disclose his or her vaccination status?

Reason:

At best, if you are active in sensitive areas, for example in the care of vulnerable groups, you can think of such a disclosure obligation.

The data protection authorities have considered this to be permissible for questions such as staying in risk areas or temperature measurements before entering.

But I don't know anything about the vaccination status.

The interview was conducted by Marc Beyer.

*

Merkur.de

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List of rubric lists: © Christopher Neundorf / dpa / Symbolbild

Source: merkur

All news articles on 2021-07-30

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