Mandatory immunization of employees – necessary measure during the pandemic or unjustified derogation of employment rights?

Abstract

The pandemic caused by the SARS-COV-2 virus has brought into question the lives and health of people around the world. The pandemic has caused many issues in all spheres of life, including labour relations. Both employers and employees have (unprepared) faced numerous challenges in terms of organizing work in emergency circumstances. It is therefore not surprising that due to the availability of vaccine(s), the issue of employee immunization has gained special importance. Emphasizing the belief that it is necessary to encourage employees to vaccinated themselves, the author puts forward the hypothesis that, in accordance with the employment law framework, dismissal given to an employee due to refusal to be vaccinated would be illegal. The hypothesis is based on two crucial arguments relating to (un)justified reasons for termination of the employment contract by the employer and the possibility of working outside the employer’s premises. Nevertheless, new findings, further developments, as well as potential changes in employment legislation can be a strong incentive to reconsider any hypothesis in regarding mandatory immunization and employment rights.