The pandemic has unleashed a discussion between employers, workers and administrative labor authorities in which they wonder if it is possible that the employer requires the worker to undergo the Covid-19 examination and vaccine and what would be the consequences of the worker’s refusal .
The Constitution of the Dominican Republic, the Labor Code, the constant jurisprudence of the Supreme Court of Justice and the Constitutional Court leave no doubts that cannot be interpreted by a jurist knowledgeable about labor law and quickly articles 44, 46 and 88 give answers to the questions, in this sense it is an obligation of the worker to undergo a medical examination at the request of the employer to verify that he does not suffer from an infectious contagious disease.
It is the employer’s obligation to maintain the factory, the office and other places where the work must be carried out under the conditions required by the health regulations and to provide free preventive drugs indicated by the health authorities in the event of epidemic diseases, covering the costs of the examination or examination. vaccine.
Article 7 of the Regulations for the application of the Labor Code considers this refusal as a serious breach of the obligations of the employment contract, also typified as a cause of dismissal by number 19 of article 88 of the Labor Code, which can be used by the employer to terminate the employment contract by dismissal or the worker in case the employer does not take such measures, to terminate the contract by resignation.
What would be the consequences if the worker refuses the medical examination against COVI-19?
The employer could terminate the employment contract by dismissing the worker with just cause, by compromising the worker through recklessness or inexcusable carelessness the safety of the company’s workplace or the people who are there, and by refusing the worker to adopt preventive measures and not following the procedures indicated by the competent authorities or the employer.
If the court declares the justified dismissal, the worker does not receive the compensation that in the street is called liquidation or labor benefits (notice and unemployment assistance); however the big question would be:
Will the worker be obliged to be vaccinated at the request of the employer?
Undoubtedly, not being vaccinated at the request of the employer and under the suggestions of the health authorities would run the same consequences of justified dismissal, under the premise that this worker endangers the health and his life, that of his co-workers and all the company, article 88 in numeral 15 of the Labor Code clearly establishes that it is cause for dismissal when the worker refuses to take preventive measures or follow the procedures indicated by the competent authorities or employers that avoid diseases.
It is a commitment and a legal obligation for the worker and the employer under the existence of a pandemic that can affect the fundamental collective rights (general public order is imposed on private public order) to take all preventive measures that can prevent illness or disease. death of workers by Covid-19, the vaccine beyond a duty is an obligation (see articles 42 and 74 of the Constitution and articles 44, 46 and 88 of the Labor Code and 7 of Regulation 258-93).
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