Since March 16, 2022, the facility-based vaccination obligation has been in effect: employers must report to the health department all employees* – including all external service providers in the company (!) – who have not been vaccinated against the Corona virus, have not recovered, or have not been vaccinated for medical reasons.
Now the first cases are landing on lawyers’ desks!
District offices are sending letters offering advice and initiating the hearing process to employees* who had not provided their employer with the appropriate proof.
What are the possible consequences? What do employers need to be aware of?
Consequences of violating the facility-based immunization requirement
In the letters currently being sent out, the authorities – in the event that evidence continues not to be provided – inform about the next steps, namely a ban on activities or entry, and threaten the possible imposition of a fine of up to €2,500.
How can the legal consequences for employers and employees be avoided?
For the affected facilities, it is important to master the balancing act between the obligation to report, the threat of a fine and the interest in continuing regular operations with the existing employees.
For this reason, we have developed an advisory service for employers, which may also include individual consultation hours for affected employees, in which their most pressing questions can be clarified and solutions developed.
Which facilities are affected by mandatory vaccination? Who is an external service provider?
First and foremost, facilities that are actually affected by the facility-based immunization requirement are health care and healthcare facilities. However, facilities for the disabled and elderly and school facilities with a curative education concept (e.g. Waldorf schools) are also included. More on the facilities affected.
The facility-related vaccination obligation also applies to external service providers in these companies. The law focuses on the fact that the persons are working in the facility, regardless of the employment relationship they have with the facility – whether by employment contract, as freelancers or as volunteers.
- Janitors, transport, kitchen and cleaning staff, (external) craftsmen,
- Employees of external companies, for example cleaning companies,
- Catering companies, temporary workers, hairdressers who provide their services at the facility, etc.
What do employers have to pay attention to?
- If the required evidence (proof of vaccination, proof of convalescence or medical certificate) is not provided, the employer must immediately notify the health department and also provide the personal data.
- In the case of new hires, the employer must also obtain these documents, otherwise the employer may not employ them.
- If there is any doubt as to the authenticity or accuracy of the content, the employer must also notify the health department immediately.
- If the employer fails to comply with these requirements, it is a violation punishable by a fine. Each individual violation can be punished with a fine of up to €2,500.
- The health data required for proof constitute personal data pursuant to Art. 9 (1) DSGVO. In this respect, the greatest care must be taken when collecting or storing data.
Do you have any questions?
Do you need further support on the topic of facility-based mandatory vaccination? Are you interested in offering such a consultation to your employees?