The current legal environment does not allow employers to make it compulsory for their employees to be vaccinated against the coronavirus, Óváry-Papp Nóra and dr. Benjámin Simkovicz, an expert at the international law firm Baker McKenzie
Vaccination against the coronavirus raises a number of important labor law issues. At present, the administration of the vaccine is not obligatory in Hungary, so the employer cannot do it either, even in connection with the duties. However, the employer has a legal obligation to maintain a non-hazardous and safe working environment, but must do so within the legal limits at his disposal, within legal limits.
The disadvantage of not vaccinating yourself should also be a matter of discrimination and data protection. pregnant women, or who are allergic to certain components of the vaccine, or who have previously been infected with the virus but have not yet had a specified time to receive the vaccine. vaccination and who does not.Adequate level of legal background without employers they are not currently in a position to legitimately discriminate and address individual grounds for exemption. Another obstacle to making vaccination compulsory is that it is currently limited and that the age group that makes up the largest proportion of workers will only be able to receive it at a later date. If vaccination is made compulsory, workers who are not vaccinated for any reason could be discriminated against compared to vaccinated workers, which could have serious legal consequences for employers who use unlawful discrimination, “said Dr. Nóra Óváry-Papp, Head of Baker McKenzie Labor Law
The conclusion of an employment contract cannot be made conditional on the protection of the employee, which is why it is not possible to ask a question in a job interview.
As pointed out by the European Commission at the EU summit on 22 January 2021, the relevant legislation is further complicated by the fact that there is still some uncertainty in some areas. the use and effect of vaccines regarding. For example, it is not yet clear in all cases how long the vaccine will provide protection and whether those who have already received the vaccine may continue to become infected, and to what extent the appearance of new mutations will affect the protection provided by the vaccine. Clarification of these issues is an essential condition for the adoption of the necessary rules, which presupposes a serious medical examination and sufficient experience.
“In the current regulatory environment, taking into account the risks mentioned above, employers should continue to give priority. It is recommended to use solutions to maintain a healthy and safe work environment with the least risk and the least personal data processing. personal presence is essential “, added dr. Benjámin Simkovicz
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