Can an employer require an employee to be vaccinated against COVID-19?

A high number of infections is a challenge for employers, including retail chains, trying to ensure business continuity. Can an employer require an employee to be vaccinated against COVID-19 in such a situation?

The National Vaccination Programme against COVID-19 is an opportunity to achieve the so-called population immunity much sooner, and retail chains and food manufacturers would like their employees to be vaccinated first, just like teachers and doctors. Can they therefore oblige an employee to be vaccinated?

Under the law, it is the duty of employers to provide safe and healthy working conditions. However, despite the fact that the Sars-Cov2 virus has been classified as a harmful agent in the work environment, an employer cannot oblige an employee to be vaccinated because there is no appropriate legal basis for it – says Magdalena Wilkoszewska, Director of the Labour Law Department at TGC Corporate Lawyers, in an interview for the “Wiadomości Handlowe” portal.

The article is available in Polish only.