Corona current
Can my boss ask me to be vaccinated?
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The subject of vaccination divides minds. Some would like to have a vaccination appointment immediately, others are skeptical about the active ingredients. And you may be asking yourself: Can my boss actually say: Vaccinate yourself, otherwise I’ll fire you?
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There is a lot of uncertainty around vaccination: When is my turn finally? Which vaccination reactions can be expected? How well do the funds protect me? More and more often one hears in the circle of acquaintances now also the question whether a vaccination is possible. If not legally, then maybe indirectly. Some workers may ask: If I don’t vaccinate, can I face dismissal? There are still no relevant judgments on the subject and therefore no legal certainty. The FAZ spoke to the Mainz lawyer Philipp Kranz and asked him for an assessment.
Can my boss order a vaccination?
According to Kranz, the boss may well ask whether you have been vaccinated because he has a duty of care towards his employees. Those who do not vaccinate themselves could pose a danger to themselves and others beyond the normal range. However, employers could not order a vaccination. “As long as there is no statutory vaccination obligation, it is up to everyone to get vaccinated,” says Kranz of the FAZ, which underlines the basic right to physical integrity.
Can my boss announce the resignation?
Maybe yes, according to the lawyer. Namely when you have a job that you cannot do without a vaccination. Most of us don’t have to worry, though, because Kranz emphasizes: “A dismissal would be conceivable at most in professions that typically involve frequent and close contact with other people – people who may be particularly at risk due to illness or age, for example in medicine or nursing.” However, the employees are informed beforehand what consequences they have to fear under labor law. Whether a dismissal can be justified also depends on whether the vaccinations actually prevent others from being infected.
Does it have to be the termination?
No, according to Kranz, employers could also move employees to an area where they have less contact with other people.
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