Ministry of Labor and Social Security issues ordinance regarding vaccination requirements for employees

On Monday, November 1, 2021, the Ministry of Labor and Social Security published Ordinance No. 620/2021, which, in short, prohibits employers from requiring proof of vaccination as a condition for hiring or maintaining employment.

The Ordinance also states that the requirement to present proof of vaccination during hiring processes, or the dismissal for cause of employees who do not present such proof, would constitute discriminatory conduct.

The Ordinance also sets forth express authorization for employers to offer mandatory periodic testing of their employees, as a measure to prevent adverse health conditions in the workplace.

It is important to emphasize that the Ordinance is already being criticized from the perspective of its legality, as well as due to the trend recently adopted by the labor courts to decide in favor of collectivity when it comes to health matters.

Demarest’s Labor team is at your disposal for any clarifications on the matter and to advise you on the best conduct to be adopted in view of the aforementioned provisions.