Sentence
Labor and Employment Law
An employee who refuses to be vaccinated and tested at his own risk is fired
The government has ruled that workers who refuse to be vaccinated will be required to perform corona tests at their own expense.
But those of them who also refuse to do so, and therefore can not get to his place of work - risk dismissal without paying compensation
Tags
workers rights
Corona
Adv. Orna Shmaryahu, in collaboration with Zap Legal
Sunday, 29 August 2021, 10:53 Updated: 11:03
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Corona test (Photo: Reuters)
The government's decision not to add and fund corona tests for those who refuse to be vaccinated has provoked some resentment among vaccine opponents.
These have suddenly discovered that without bearing the cost of the tests themselves, they will not be able to enter the places operating under the green mark, and first and foremost their workplace.
In such a situation, employees who are not vaccinated and refuse to be tested, cannot physically reach the workplace, and pose a problem for the employer.
However, all those refusing employees should also know that there is another danger lurking: dismissals from the workplace, even without the employer paying them compensation.
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Other workers also have the right to health
Although employees have autonomy over their bodies, and of course they cannot be required to be vaccinated, their right to refuse to be vaccinated is opposed to the right of other employees to health and the right of the employer to protect them.
Can an employer fire employees who refuse to be vaccinated, and insist on not conducting inspections at their own expense? There is no explicit case law of the National Labor Court on this issue yet, but I believe that those refusing employees are indeed exposed to dismissal, without the payment of severance pay by the employer.
All employees, except those who have a medical impediment to getting vaccinated, have a free choice. Whoever refuses to get vaccinated does so on his own, and has no legal protection against dismissal. Even a refusal to be tested cannot stand: there is no reason for an employer to fund tests for an employee, who can instead go and get vaccinated for free.
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A windfall from the National Labor Court
The Labor Courts have already ruled that an employer may require an employee who has not been vaccinated to present a negative corona test, and the National Labor Court has ruled that an employer's requirement to present a test once a week is proportionate (CA 3955-04-21 Yair).
In that case, it was determined that an employer may prevent the stabilization work the works have not yet been immunized against Corona and refused to show the result of a negative test at regular intervals.
other decision of the national Court ratified the policy set by the employer, and that employees be allowed to get to work only after the presentation of green label or alternatively After presenting a negative corona test from the last 72 hours (RA 22796-04-21 Sigalit (Pickstein v. Shufersal Ltd.).
The employer can therefore not oblige his employees to get vaccinated, but he may require them to perform corona tests, as they endanger their colleagues.
Without performing the test, the employer may require an employee not to report for work, and in the days of his absence he is not obligated to pay him wages or deduct sick days.
The employer is exposed to a lawsuit that did not protect its employees
The employer is in a problematic position.
On the one hand, he wants all his employees to work, and we certainly do not want to deprive them of the ability to do so.
On the other hand, if he allows the unvaccinated worker to get to the workplace he is exposed to a lawsuit from other workers who can claim that he did not protect their health.
Employers are committed to providing a safe and healthy environment for their employees, and employees should keep this in mind when they refuse to be vaccinated and insist on not performing corona tests at their expense.
Attorney Orna Shmaryahu
specializes in legal advice to employees and employers in labor law, and has extensive experience of over 20 years in the field of labor law, both the public and private sectors
Telephone
: 077-9977542
information presented in the article does not constitute legal advice or a substitute for it and does not constitute Recommendation for taking proceedings or avoiding proceedings, anyone who relies on the information in the article does so at his own risk.
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