On August 25, 2021, the National Labor Inspectorate published, on its official website, an article entitled “Employers and Employee Vaccination from the Perspective of Labor Law”. Below is a summary of the article:

• Employers are limited in the ability to ask employees about their coronavirus vaccination status or test results.  

• Currently, there is no regulation in force, such as a decree of the Public Health Office, which would in some way authorize employers to do so.

• There are no legal grounds for employers to require employees to provide information on their vaccination status, or to make testing mandatory with the aim of obtaining proof of a negative test result, as there is no legal regulation that entitles employers to collect and process employee vaccination data.    

• The current law does not entitle employers to ask individual employees about their health status.

• If the employer restricts or prohibits entry to its premises for certain employees – unvaccinated or vaccinated employees, and as a result the employer would not assign work to this group of employees under employment contracts, it would be an obstacle to work on the part of the employer pursuant to Section 142(3) of the Labor Code. For the duration of such an obstacle, the employer must compensate the employees concerned for the amount of their average earnings.

We remind you that this is an interpretation of the National Labor Inspectorate – the authority to interpret legal regulations in a legally binding way, however, belongs only to the courts.