Can employers require the employees to have a COVID-19 vaccine?
As more and more vaccines become available against COVID–19 and its variants employers are turning to consideration of the effects of vaccination on work practices.
As more and more vaccines become available against COVID–19 and its variants employers are turning to consideration of the effects of vaccination on work practices.
In the past year, employers in Romania have had to choose between:
- Allowing their employees to work from home, where possible, or otherwise suspending the company’s activity, and
- Continuing business as usual, accepting the risk that the employees may become infected with the COVID-19 being more exposed because of working alongside others or having to travel to and from work.
It is no surprise then that employers now all over Romania are looking forward to their business going back to normal thanks to the COVID-19 vaccine's availability.
Despite the wishes of business owners and the many reassurances from the government that the vaccines available are safe statistics show that at least for now a significant percentage of Romanians do not intend to get the COVID-19 vaccination.
In this situation, the question arises is it possible for employers to demand that their employees get vaccinated? Is it possible for a potential employer to refuse to hire someone who is not vaccinated and does not intend to get vaccinated?”
According to the legal provisions regarding the national vaccination strategy, currently, vaccination against COVID-19 is optional and can only take place with the informed and explicit consent of the employee.
Therefore, while employers do have both the right and the obligation to take protective measures against the spread of Covid-19 in the workplace, they cannot simply demand that their employees get vaccinated as it would be an excessive measure that may make the employers liable in court.
Any difference in treatment between the employees who have been vaccinated and employees who have refused to be vaccinated can be considered as discrimination, workplace harassment, and even a violation of their human rights.
Regarding employers refusing to hire someone because they are not vaccinated and do not agree to be vaccinated, it could also be considered discriminatory as the current labor law in Romania provides that the candidates for a job should be evaluated strictly from a professional point of view.
Therefore, if being vaccinated was a requirement for being hired, a candidate who for medical, religious, age-related, or any other personal reason refused to be vaccinated, and thereby lose the opportunity of employment to another less qualified candidate who did get the Covid-19 vaccine. This could be considered as discrimination against the candidate who refused to get vaccinated.
