Waiters, cooks, hotel workers, shop assistants, door-to-door deliveries, ticket inspectors. These are the people who, for the most part, are not among those for whom the state has made vaccination against the SARS-CoV-2 coronavirus a condition of employment, but their work puts them at increased risk of COVID infection. They come into contact with many people every day, so they are at greater risk of passing on the infection.
And although vaccination has only rarely been made compulsory by employers in these sectors, workers in many other sectors have already faced this. It is certainly a strong argument for employers in the hospitality sector that the imposition of mandatory vaccination in a sector with a serious labour shortage could lead to the loss of part of the workforce. Another counter-argument could be that lawyers warn that employers who make it compulsory for all their workers to be vaccinated against the SARS-CoV-2 coronavirus could face dozens of lawsuits. And the legislator does not give very clear guidance on the mandatory nature of the vaccination, nor is it clear who is liable if workers suffer adverse reactions following vaccination.
Who pays compensation if the vaccine has side effects?
The Health Act, which is regulated by law, stipulates that the state is liable for serious damage to health or even death caused by compulsory vaccinations. Thus, many experts believe that if the employer orders the vaccination, it should also be liable for the adverse side effects, including substantial compensation.
And the government decree in force since 1 November does not exempt employers from this provision, which leaves it up to them to decide whether to vaccinate their employees.
According to the relevant section of the Labour Code, the employer's liability for damages is an objective liability. If a health impairment or death occurs in the context of the employment relationship, the employee or the heir may bring a claim for compensation. In other words, if the employer imposes vaccination as a condition of employment, it is undisputed that he must also be liable for any adverse effects caused by the vaccination.
Dozens of lawsuits can be expected
Another problem, and the source of dozens of lawsuits, could be if employers impose mandatory vaccination on all employees. The same government regulation gives employers the power to require employees to be vaccinated against the coronavirus as a condition of employment. However, an important stipulation is that they can only require this if they consider it necessary for the safety and health of the workers. The employer must take into account the specificities of the workplace and the job when imposing the requirement.
In other words, employers can prevent dozens of lawsuits if they examine, on a job-by-job basis, whether a worker comes into contact with people who are at increased risk of infection or serious illness.
Where vaccination is now compulsory for everyone
Meanwhile, there is also considerable controversy over the fact that for public sector workers in a number of areas (state-run educational, cultural and social institutions, the armed forces and the police, government administration and civil service officials, and NAV staff), the government decree (Government Decree 599/2021. 28.X.X. ) makes vaccination against the SARS-CoV-2 coronavirus compulsory. As for compulsory vaccination for municipal workers, local mayors can decide whether to require it as a condition of employment.
While in neighbouring Austria, the state has already made it compulsory for everyone to vaccination against COVID, the Germans, Czechs and Italians are also considering it, and in this country more and more employers are announcing that they will require their employees to be vaccinated as a condition of employment.
