Unvaccinated at work: What you should know as an employee now

More up-to-date information on the coronavirus can be found here

Mr. Thüsing, the most important question first: Is my vaccination status something to do with the employer, can he generally ask me about it? Can he do that to protect the workforce?

Gregor Thüsing: There is now a clear regulation for hospitals, nursing homes, schools, day care centers and similar facilities: yes! For other areas, the question of vaccination status is controversial. However, the Federal Minister of Economics, Peter Altmaier, has already called for a general right for employers to ask employees questions. In my view, it is also likely that this will happen.

Can my employer require me to be vaccinated?

Currently, the prevailing opinion is: no! And that continues to apply to professions with a particular risk, for example in the health sector - i.e. for professions where the employer can now ask about the vaccination status. People think differently in other countries. In France, around 1.8 million employees are required to be vaccinated. In Italy there are these for the health sector. They are also considering a general obligation to vaccinate, although the vaccination rate is significantly higher than the German average. International companies - for example in the aviation industry - are considering making vaccinations compulsory for their employees in order to be able to work worldwide. Whether this is possible is debatable.

Also read: All current information about the corona pandemic in our live blog

Gregor Thüsing: "It's not discrimination, it's health protection"

Can the employer demand that I, as an unvaccinated person, only work in my home office and forbid me to enter the building or the meeting rooms or attend training courses?

Employers are not only entitled to protect themselves against the pandemic, they are also obliged to do so. If the employer knows that the employee is or has not been vaccinated, he or she may take this into account when deploying this employee. He can decide, for example, to only use vaccinated people for particularly vulnerable people in need of care. This is not discrimination, but health protection. Depending on how the employment contract is structured, working from home can be part of it. At company celebrations, i.e. occasions where the employer allows his employees to participate, he can only grant access to those who have been vaccinated. In the case of further training, the employer can also make vaccination a condition for participation.

Can I even be transferred or fired if I don't get vaccinated? Or can the employer cut my hours or refuse to pay my salary?

Because according to the prevailing opinion, vaccination is not compulsory, this is not possible. Whether it stays that way depends on whether the legislature does not create compulsory vaccination for certain professions. In my opinion, there are good arguments in favor of this, since there are already those for measles in certain professions, for example. Only legislative clarifications or judgments of the courts will bring legal certainty. There are simply a number of aspects in this context that have not yet been clarified. We are currently experiencing a tepid political process here because the decision-makers have not yet been able to agree on a comprehensive political solution.

The unvaccinated are disadvantaged by the employer - is this a case of discrimination?

Discrimination is just unjustified unequal treatment. If the employer makes a distinction when deploying its employees according to who represents the potentially greater risk of infection, then this is objectively justified and can be desirable in the interest of health protection. A clear case of discrimination, however, is when unvaccinated people are deliberately excluded from leadership positions, as is currently the case in the USA. Something like that would not be allowed in this country.

"This could change if everyone had the opportunity to get vaccinated"

If I get infected as an unvaccinated worker and have to quarantine - can my employer refuse me my salary?

Here I receive continued payment of wages according to the general rules if I am actually ill. If the employee has to go into quarantine without any symptoms, then he or she is entitled to compensation under Section 56 of the Infection Protection Act. That could change at some point, however, once everyone has had the opportunity to get vaccinated. Because the claim does not apply if you do not take advantage of a publicly recommended vaccination.

Corona symptoms are different in people who have been vaccinated - and that's treacherous

What options do I have to defend myself against illegal measures by my employer?

I can contact the works council or take legal action in court: If I'm right, then I'm right.

Will there soon be mandatory vaccinations at work or at least 3G?

This is a question of political will, which is difficult to assess and will certainly also depend on the further course of the pandemic. As I said, other countries are on the way.

If 3G comes and I have to be tested in order to be present at work - does my employer have to have me tested at his own expense, even if the rapid tests then become chargeable?

At the moment we don't have 3G - and what will happen then will be regulated by the legislature. I am assuming that in this case – as has been the case up to now – the employer's obligation to bear the costs will remain. But that is conjecture and speculation.

"This courage is needed everywhere"

Can my employer force me to be tested?

So far, there has been an obligation for the employer to offer tests, but in most federal states there is no obligation for the employee to accept the offer. Some federal states have made courageous progress, such as Saxony, where the test requirement applies to the self-employed and employees with direct customer contact, and North Rhine-Westphalia with the test requirement for those returning from vacation. This courage is needed everywhere.

What do you think of employer "vaccination premiums" such as more vacation days?

I think that's great. Persuasion is better than coercion. Other countries have done this. In the USA, for example, companies lure their employees with money and holidays. Maybe it helps that some people think about vaccination again. This is good, because getting vaccinated is an act of solidarity with those who cannot get vaccinated.