Companies that want to impose vaccination on their employees will have to prepare to prove in court that they have enough arguments to justify this decision.
“It’s important for employers to seek employee consent, consent that is free and informed. It is a personal choice to get vaccinated or not, ”explains Me Marianne Plamondon, specialized in labor and employment law.
The Civil Code provides moreover that “no one may be subjected without their consent to treatment”.
However, indicates Me Plamondon, a boss could impose vaccination if he can demonstrate that it is a requirement in order to protect his employees and those at greater risk. He could then only do it for positions where he can prove it, she adds.
The question could nevertheless arise when the Quebec plan is implemented, which wants to make the doses available in the workplace in the largest companies.
No release
Those who will not have the chance to enjoy it at work will not be able to count on an automatic release to go get stung. There is no legal obligation for companies, as is the case with elections.
Employers will have to “show openness and good judgment,” suggests Health Ministry spokesman Robert Maranda.
Words that echo those of the President and CEO of the Quebec Employers Council, Karl Blackburn.
“So far, everyone seems to want to collaborate, as evidenced by all these companies that have raised their hands to participate directly in the vaccination campaigns,” he says.
At the height of the vaccination campaign, workers may rush to other times such as evenings or weekends.
“Efforts will be made to make available as many appointments as possible during these time slots,” says Mr. Maranda.
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