A draft bill on verification of employees’ vaccinations

The bill on transparency of employee vaccination, which has been announced for many months, has been posted on the website of the Government Legislation Centre.

It assumes that, during the epidemic emergency state or an epidemic, an employer may  request an employee or a party to a civil-law contract to provide information on a negative result of a SARS-CoV-2 test taken not earlier than 48 hours prior to its presentation. A vaccinated or convalescent employee is to be exempted from the obligation to present this information. The employer will have the right to request its staff not only to provide it with information, but also with document evidence of both their negative coronavirus test and their status as a vaccinated or convalescent person.

The data referred to above is only to be kept by the employer during an epidemic/the epidemic emergency state, and only those authorised by the employer are to have access to it.

What needs to be emphasized is that under the bill employees/parties to civil-law contracts have the right to take free-of-charge tests, including those financed not only by employers, but also from public funds. Details of this solution are to be presented in the regulation.

If an employee refuses to provide information on a test, vaccine or recovery, the employer should treat them as a person without a negative test for SARS-CoV-2 and may:

  1. make changes to the manner in which the work is carried out,
  2. make changes to systems or schedules of working hours,
  3. order such a person to perform work outside the place specified in the contract, within the same locality or another type of work for a remuneration corresponding to the type of work, but not lower than the previous one.

Thus, the legislator has failed to provide for the possibility for employers to apply the previously announced, more severe sanctions to unvaccinated employees or those who do not have the status of a convalescent employee – such as ordering them to take unpaid leave.

The bill also provides for the possibility for the head of the health care entity to introduce compulsory vaccinations for all persons employed therein, unless they have health contraindications in this respect.

How can we help you?

  • We will help you clarify any doubts you may have regarding the implementation of the new regulations.
  • We will make sure your employee health information register is compliant with the requirements of RODO.
  • We will help you prepare and implement new internal procedures.

Our experts will answer all your questions related to workplace arrangements in the context of the Covid-19 pandemic. Feel free to contact us!

 

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