What happens if the employer forces you to vaccinate, what are your rights: or not illegal this request

Time 12/01/2023 By myhoneybakedfeedback

Vaccination in Romania against the new coronavirus tends to be an increasingly delicate topic.For this reason, it is not excluded the possibility of an employer trying to force you to vaccinate.In the context in which vaccination is optional, by law, a lawyer advises you what your rights are.

The number of employers who might want to force you to vaccinate is not small at all.In the Horeca industry, for example, Prime Minister Florin Cîțu drew attention to the fact that restaurants in which all employees are vaccinated could remain open independently of the incidence index.That initiative is still in the project stage but has great chances to enter the legislation.

In this context, those at Avocatnet.Ro asked the opinion of lawyer Anca Zegrean, Partner and Head of Practice at Biriș Goran.She believes that, if they are pressured by employers to get vaccinated, the employees must "take attitude, know their rights and oppose the employer, respectively refuse to comply with requests that exceed the legal limits".

"In my opinion, most problems in the employee relationship - employers are born against the background of the lack of information of the employees and an attitude of the type" head "", the attention of Anca Zegrean drew attention..

Ce se întâmplă dacă angajatorul te obligă să te vaccinezi, care sunt drepturile tale: este sau nu ilegală această solicitare

In extreme cases, the solution is a process against the employer, especially if the refusal of vaccination is reflected in dismissal, for example.Even if you are experiencing other restrictions or sanctions to work because you refused to vaccinate, initiating an action in court is the best.

By this approach are pursued "the cancellation of the measures ordered by the employer, possibly the reintegration of the employee (if the dismissal on the criterion of refusal), the payment of the salary rights and the granting of other rights that the employee was eventually took.Case, moral damages ”.

Unfortunately, at least in Romania, the solution of the employer is sued can be expensive and long, considering that such a process can take, depending on the complexity of the case, from a few months to over a year, which wouldcould discourage employees to use this variant.The alternative is to file an online complaint to the National Council for Combating Discrimination.It doesn't cost you anything and you can do it at this address.Unfortunately, it will not necessarily reflect in a benefit to you, but rather in a fine for the employee.

But what you need to stay is that no employer has legal means to force you to vaccinate."Regardless of the means that an employer would use to determine the employees to be vaccinated, the employees have the right to refuse the vaccination and must know that the employers' efforts are illegal, as long as the vaccination against the SARS-COV virus.2 is not mandatory by law at national level ”, as Anca Zegrean told us.