Termination without notice due to corona vaccination – can the boss do that?
A roofer from North Rhine-Westphalia threatens his employees with immediate termination if they get vaccinated against Corona. Are employers allowed to terminate or give their employees a warning for this reason? And what can I do if my boss makes such a threat against me? We asked the lawyer Nicole Mutschke.
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“Announcement” on Facebook: Anyone who gets vaccinated flies immediately
The vaccines, said the managing director of the roofing and timber construction company, are unreliable, which is also denounced by experts around the world. Anyone who gets the vaccine injected “endangers the stability of our processes in the company”, continued his statement.
Both the European Medicines Agency and the EU Commission have given the corona vaccines from Biontech / Pfizer and Moderna, which have so far been approved in Germany, the green light in terms of safety. Federal Health Minister Jens Spahn has already assured several times that there will be no compulsory vaccination in Germany.
Post triggers a wave of indignation
The Facebook post seems to have been deleted in the meantime, but a screenshot of the roofer’s “announcement” on Twitter triggered a wave of indignation. “Pure horror”, “Incredible” or “What disgusting behavior” are just a few of the many comments below the screenshot on Twitter.
Roofer rows back: “I just want to encourage you!”
The roofer has now put his threat into perspective in another Facebook post. In it he assures that he has neither prohibited nor prescribed the vaccination for his employees and makes it clear: “I will not do that in the future either, because I am not entitled to it in any way.” In addition, he had agreed the action with his employees in advance.
The intention of his post was a different one: “I have a lot of friends and acquaintances who work in nursing and are very scared right now and I just want to encourage them!”
Nevertheless, the question remains: If my boss comes up with the idea of threatening to give me notice or to warn me because I have had a corona vaccination, is he even allowed to do so? And what can I, as an employee, do in such a case?
Because of the corona vaccination: My boss threatens to lay off without notice – what to do?
For lawyer Nicole Mutschke the case is clear: “Ultimately, this is my private sphere. Just as he cannot force his employees to be vaccinated, he can certainly not ask his employees not to be vaccinated,” explains the legal expert . Because this is about the freedom and health of employees. “I don’t see any interest on the part of the employer that is worth protecting”. Since there is no legal basis for the demands not to be vaccinated, the employee would not face any consequences under labor law, said Nicole Mutschke.
Should the employer nevertheless issue a warning or notice of termination, the lawyer advises: “In any case, take action against it! Very important: In the event of a termination, the three-week period applies.” During this period, the employee must bring an action for protection against dismissal, otherwise the opportunity to take action against the dismissal will lapse. It is also important that the employer continues to offer his work until a judicial decision has been made. “If you win the process, the employer has to pay everything retrospectively, even if you haven’t worked.”
Video: Can my employer force me to vaccinate?
How is it in the opposite case: Can my employer threaten me with dismissal if I do NOT want to be vaccinated? In the video, lawyer Nicole Mutschke explains what rights you have as an employee and in which special cases the employer could actually insist on a vaccination.
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