Mandatory Vaccination against COVID-19 in the Employment Relationship

Abstract

In light of the recent COVID-19 pandemic, the paper analyzes mandatory vaccination in employment relationships in European countries. The paper focuses on three subtopics: who is competent to establish the mandatory vaccination requirement, in which positions mandatory vaccination is justified, and what the employer can do if the employee refuses the mandatory vaccination. The paper concludes that since the obligation to vaccinate significantly infringes on the employee’s fundamental rights, such a requirement can preferably be imposed by the state, and it must always be purposeful, appropriate, and proportionate. Vaccination can be mandatory in areas of activity determined by the state and workplaces where the employee is constantly and unavoidably in close contact with other persons. Since COVID-19 is a new and changing disease, and vaccination does not prevent infection, refusal of vaccination cannot be the basis for terminating an employee’s employment contract.