Can the employer force employees to be vaccinated?

Vaccination protects! At the very least, it it reduces one’s own risk of infection with corona and reduces absenteeism due to illness in the company. For this reason, employers have a sustained interest in ensuring that as many employees as possible are vaccinated against Corona.

But what can employers do to increase their employees’ motivation to get vaccinated?

Can employees be forced to be vaccinated?

Since vaccination is currently not mandatory, employers generally cannot force their employees to be vaccinated. This even applies to employees in hospitals and care facilities who have contact with people who are particularly at risk. Here, the employees’ fundamental rights prevail.

Under the current legal situation, the inclusion of a clause to this effect in the employment contract would probably also be invalid, as it would unreasonably disadvantage the employee.

If an employee refuses to be vaccinated and therefore cannot continue to be employed despite organizational and technical measures taken by the employer, e.g. staggered working hours, individual office, mandatory masking, etc., termination, possibly extraordinary dismissal with notice, should be considered. Initial decisions on this have already been issued.

However, the employer should first try to increase the willingness of his employees to be vaccinated. For example, by allowing vaccination appointments during working hours (with full wage compensation). He can also provide an incentive by paying a vaccination premium. It would also be conceivable for the company physician to vaccinate employees at work, similar to the flu vaccination at the company.

My recommendation on mandatory vaccination for employees?

In the event that you have any questions in this regard, but also in general about labor law in Corona times, I will be happy to assist you. If you need assistance, please contact me.
I will be happy to help you.

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Questions about mandatory vaccination?

Christian Seidel

Specialist in labour law
Authorised signatory of ACCONSIS GmbH Rechtsanwaltsgesellschaft

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