Some employers, in order to protect their employees from flu infection during the coronavirus epidemic, may introduce mandatory influenza vaccination among them. The question arises whether they can impose such an obligation.
At this time, where we have the current state of pandemic, we can assume that every employee is exposed to the virus. SARS-CoV-2. Therefore, most doctors encourage vaccination against influenza, which may reduce the effects of coronavirus infection. The worker should be vaccinated not only to protect himself but also other people working in the company. However, many do not want to follow this lead. What happens if they refuse to vaccinate?
The regulation on the possibility to order protective vaccination is contained in the provisions of the Labour Code, i.e. in Article 2221, which provides that when employing an employee under exposure conditions to harmful biological agents, the employer shall apply any available means to eliminate exposure
The regulation on the possibility to order protective vaccination is contained in the provisions of the Labour Code, i.e. in Article 2221, which provides that, when employing an employee under conditions of exposure to harmful biological agents, the employer shall apply any available means to eliminate exposure and, where this is not possible, to limit the extent of exposure, using appropriate scientific and technical developments.
It is important that according to the Regulation of the Minister of Health of 22 April 2005 on harmful biological factors to health in the working environment and the protection of the health of workers professionally exposed to these agents, the influenza virus is considered a harmful biological agent and therefore in accordance with section 4 point 1: In order to protect workers from the risks caused by the harmful biological agent, the employer is obliged to use any available means of eliminating or limiting exposure under the conditions laid down in the Regulation.
Referring to the above recommendations, an employer may, in order to protect his employees, oblige any worker to vaccinate against the flu and, in the event of refusal to inoculate, may even terminate a contract with an employee, with a worker who has lost his job in refusing to accept the vaccine, unfortunately being in a weaker position than the employer – despite the lack of a legal basis for submitting to such a obligation. Such an employee will only be served by recourse to a decision to the labour court, but he remains unemployed and without remuneration for the time being.
In addition, it should be noted that currently there are no flu vaccines in pharmacies, and the waiting list is long. The use by the employer of the possibilities offered by the above-mentioned Regulation, by introducing compulsory vaccination at the workplace, will not fully have the intended effect, not because the worker refuses to use the vaccine, but because the vaccine is not available on the market.
Therefore, the pro- and anti-vaccination of the flu should be carefully analysed and whether it is justified for the sake of others and their refusal.