Portugal: Q&A - Employer COVID-19 Vaccination Policies

Can an employer require compulsory COVID-19 vaccination? If yes, are there any exceptions or special circumstances that an employer must consider?

No.

Can employees refuse to be vaccinated? How does an employer need to balance its obligation to provide a safe work environment with an employee's rights?

Yes, employees can refuse to be vaccinated. Currently, employers may monitor the temperature of an employee as a requirement of admission to its facilities. Other measures, such as requirements to use protective equipment, may also be put in place for non-vaccinated staff. These should be determined by the health and safety at work services.

In the event of a refusal, can an employee be dismissed for refusal to comply with the employer's vaccination policy? Will the employee's refusal constitute just cause for termination?

No.

Contributor

Nuno Ferreira Morgado, PLMJ
nuno. morgado@plmj.pt