Compulsory vaccination for healthcare workers is currently the talk of the town and the subject of heated debate. In fact, there are still employees who do not want to be vaccinated against the coronavirus – even in health-sensitive professions. Whether employers understand this or not is a moot point. Either way, you have to deal with the situation.
For this reason, we have developed a consulting offer for you as an employer that supports you in mastering the balancing act between the “obligation to report”, the threat of fines, and the interest in continuing to operate in a regulated manner in your company with your existing employees.
In an individual consultation hour for affected employees, attorney and specialist attorney for labor law Christian Seidel answers their most urgent questions and develops solutions that satisfy all sides.
Current legal situation: Obligation to report – violation has legal consequences for both sides
The main problem with the facility-based vaccination requirement is that, as of March 16, 2022, the employer must report to the health department all employees – and also all external service providers in the company – who have not been vaccinated against the coronavirus, have not recovered or cannot be vaccinated for medical reasons.
And the consequences of facility-based mandatory vaccination?
This notification does not have any immediate consequences for employees: first, the health department will offer vaccination counseling, but then it will promptly demand proof of vaccination. Failure to provide such proof will result in a fine and, if necessary, a ban on the person concerned entering the employer’s premises.
Employers who do not report employees who have NOT been vaccinated or recovered (2G!) to the health office risk fines of up to 2,500 euros per case.
Which facilities are affected?
Employees in the following facilities, among others, are affected by the facility-based vaccination requirement:
- Hospitals & outpatient surgery facilities, day hospitals,
- Preventive and rehabilitation facilities, dialysis facilities,
- Maternity facilities,
- Comparable treatment or care facilities, e.g., hospice services, specialized outpatient palliative care (SAPV), blood donation facilities,
- Medical practices, dental practices incl. company doctors,
- Practices of other human medical professions,
- Certain public health service facilities & emergency medical services,
- Social pediatric centers (§ 119 SGB V),
- Medical treatment centers for adults with mental retardation or severe multiple disabilities (§ 119c SGB V),
- Vocational rehabilitation facilities (§ 51 SGB IX), vocational rehabilitation services,
- Assessment and testing services according to SGB V or SGB XI.
This shows: First and foremost, facilities of health care and health care services are actually affected by the regulation of the facility-based vaccination obligation. But also in institutions for the disabled and the elderly and, for example, educational institutions with a curative education concept (e.g. Waldorf schools), the institution-related vaccination obligation for employees applies from now until at least 31.12.2022.
Our offer: Consultation hour for affected employees free of charge!
We offer your employees the opportunity to ask our specialist attorney for labor law, Christian Seidel, all their questions on the subject of mandatory vaccination in an individual “consultation hour”. This gives your employees the chance to describe their fears and concerns to a “neutral” expert and to have an outside third party (expert!) show them possible solutions – outside of fines, bans on entering the facility or dismissals.
Your employees are thus reliably informed – and by a neutral party, which can definitely improve the acceptance of the consulting result.
At best, we can thus help to ensure that you, as an employer, do not find yourself exposed to fines due to violations of the reporting obligation with regard to the facility-based vaccination obligation. At the same time, we relieve you with regard to “educational work” with affected persons. And last but not least, we find individual solutions in the consultation hours with those affected, which avoid dismissals, staff shrinkage and a lot of effort to have to find new staff in a highly competitive labor market.
What does the consultation hour look like – how does it work?
We will agree with you individually what the consultation hour for employees in your company should look like.
It is conceivable, for example, that we offer your employees an individual consultation of 30 minutes or 60 minutes, online or on-site at your company. It is also conceivable to offer all those affected in your company a joint appointment as part of an overall consultation, also online or on site. If necessary or useful, we will be happy to consult with you after the individual or group consultation in order to implement possible solutions.
Our work is generally billed on an hourly basis or as part of an individual flat-rate offer for your specific needs.
Questions about the facility-based immunization requirement starting 3/16/2022?
Rechtsanwalt, Fachanwalt für Arbeitsrecht
Prokurist der Acconsis GmbH Rechtsanwaltsgesellschaft
+ 49 89 547143
or by e-mail firstname.lastname@example.org
My promise to you
I help you as a human resources manager and owner of a medium-sized care or healthcare company to ease your worries before the introduction of mandatory vaccination from 16.3.2022 by finding individual solutions through targeted individual consultations with your employees to avoid dismissals and fines.