Can an Employer oblige their employees to get vaccinated?
Now that massive vaccinations against the corona virus are taking place in the Netherlands, the question arises whether employers can oblige their employees to get vaccinated. The answer to the question is: no, an employer is not allowed to do that. In this article we explain why that is not allowed.
Vaccination is voluntary. The inviolability of the body is laid down in the Dutch constitution and the European Convention for the Protection of Human Rights. In addition to these legal frameworks, privacy legislation also plays a role. This means, for example, that you cannot ask your staff for proof of vaccination or whether they have been vaccinated. These so-called health data are special personal data according to the General Data Protection Regulation (GDPR). You may not process this type of special personal data, unless there is an exception.
Company doctor may ask for corana vaccination.
A company doctor is allowed to do what you as an employer are not allowed to do. If there is a good reason, the company doctor may ask whether an employee has been vaccinated. This may be the case, for example, if the employee works with vulnerable people. Incidentally, an employee always has the right to determine whether or not to answer this question. Incidentally, the doctor may not share this information with the employer. However, a general picture of the number of vaccinated can be given.
If an employee has not been vaccinated, you cannot just assign him or her another workplace or give him or her another job. The company doctor advises on how your employee can get to work. This advice is based on the information he has about the employee. The advice may not contain data that can be traced back to 1 employee.
If the employee does not want to be vaccinated for medical reasons, he can discuss this with the company doctor. You can then figure out with the employee and company doctor how you can minimize the chance that others will be infected. For example with the help of personal protective equipment or by temporarily doing other work.
Work at home, unless there is no other option
If your employee has been vaccinated, you cannot oblige him to come to work. Everyone must adhere to the measures against the spread of the virus. That still means now: "work at home, unless there is no other option".