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