On March 16, the Institution-related vaccination requirement In force: Almost all employees in medical and nursing facilities must then be able to prove their complete vaccination protection against the SARS-CoV-2 coronavirus. In addition to doctors, nurses and medical professionals, vaccination is also mandatory for naturopaths, school attendants or cleaners in nursing homes. Without vaccination, there is a risk of severe fines for the employer — and the loss of jobs for employees.
In the healthcare sector in particular, most employees have already been vaccinated a long time ago. But what's next for those who refuse vaccination despite all warnings — or even try to “trick” compulsory vaccination? And what room for manoeuvre do you have as an employer?
If employees don't get vaccinated: What's next?
Regardless of how you, as an employer, think about the institution-related vaccination requirement: The Infection Protection Act is very clear in its requirements. Who until March 16
- no full vaccination protection, or
- no proof of recovery or
- no medical proof that he/she cannot be vaccinated
can present, risks his job.
As an employer, you are required to report missing or possibly falsified vaccination certificates to the responsible health authority. The health department investigates these cases and can prohibit the persons concerned from entering or working at their previous places of work.
If this has happened, the employee concerned can no longer carry out his job and also no longer receives any salary.
Cancellations are possible
The institution-related vaccination requirement is initially limited until December 31, 2022 — and workers who do not want to vaccinate may claim that they must continue to be employed until the end of the year after taking (unpaid) leave. So if you want to be on the safe side, you can also cancel due to the lack of proof of vaccination.
In companies with fewer than 10 employees — i.e. in many medical practices, for example — there is no protection against dismissal anyway. The employer can therefore give notice of termination without giving reasons and a warning is also not necessary.
For larger companies, a nurse who wants to continue contact with immunocompromised patients in March 2022 is like a truck driver without a driver's license. It is his decision not to meet the necessary requirements for the exercise of his profession. The requirements for personal termination have therefore been met.
There may be exceptions to this if, for example, the employee has had to postpone his second vaccination appointment due to illness and this is due shortly after March 15. And supply bottlenecks for vaccines are also expressly mentioned in the Infection Protection Act as an exceptional scenario.
“Leberkäparty” as a fraud attempt
Things are therefore getting serious for unvaccinated workers in health-related occupations. From the experiences of our neighboring countries as well as from blogs and chat groups of vaccination opponents, we know that some workers will try to trick the health department: Either through long sick leave for simulated illnesses or through deliberate infection with COVID-19. With six months of recovery status, this would at least save time.
If you are informed that you have been infected with the virus intentionally, this is a violation of your work obligation. You are not obliged — as in normal cases of illness — to continue paying the fee. A warning may also be justified in this case. Even if your employees won't openly report the deliberate infection, you should be alert if employees report that they fell ill after attending a party: In Bavaria, infected people invited so-called “Leberkäparties” one all those who hoped for recovery status in this way.
