IMPLIKACIJE OBAVEZNE VAKCINACIJE PROTIV COVID-19 NA RADNI ODNOS

Abstract

The pandemic of the Covid-19 virus caused numerous consequences for labor relations. In light of the topic of the work, they refer to the position of job candidates and employees and their infection by the mentioned virus and vaccination, as a potential means of protection. Since a person who has already been infected with the aforementioned virus can get sick again, the solution is sought in vaccination against Covid-19. This raised the question, can the estab- lishment, that is, the survival and duration of the employment relationship be conditioned by vaccination? This with the fact that the condition of mandatory vaccination would open the issue of economic pressure on the employee, who ensures his existence with his earnings. On the other hand, setting the vaccine as a condition sine qua non in the employment relation- ship can undermine the autonomy of the employee’s will to make such a decision on his own, according to his own beliefs. In addition to all that, it should be kept in mind the connection between the right to health and the right to access information, and that the decision to vac- cinate some employees may be based on the availability of relevant information on the effec- tiveness of vaccines. Such knowledge can be prolonged. The issue of employee vaccination is a complex segment within labor law, as it includes the protection of public health, as well as the employer’s obligation to ensure safe and healthy working conditions. To that should be added the safety and health of those employees who, due to their health condition, may not be vacci- nated, as well as the safety of persons with disabilities, who belong to the group of particularly vulnerable employees. In the light of consideration of these issues, it is necessary to take into account aspects of the attitude of the European Court of Human Rights in the case of Vavřička and others v. the Czech Republic, taken, surprisingly, in April 2021, which establishes that mandatory vaccination, under certain conditions, can be “necessary in a democratic society”. On the other hand, there is also the judgment of the Supreme Court of Israel, which took the position that employers must make reasonable adjustments to the workplace so that the work environment is “inclusive” even for employees who have not been vaccinated. The paper will analyze whether vaccination can be a condition for access to the labor market, for enjoying the right to work, as well as other labor rights.