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How the government plans to stimulate vaccination – changes in the treatment of workers – health

How the government plans to stimulate vaccination - changes in the treatment of workers - health

Unvaccinated workers will be transferred to other lower-paying jobs.

We were the first to write about the fact that employers need access to information about vaccinations in Rzeczepospolita on June 29 (“Employers want access to their employees’ passports”). Everything indicates that the government is studying the implementation of this hypothesis. The regulations it prepares before the emergence of the fourth wave of the Corona virus should include the regulations that will provide business people with access to this information. The draft that Law and Justice lawmakers will present at the next meeting of the House of Representatives is scheduled to include provisions allowing the transfer of unvaccinated workers.

It will be safer

– Employers need this information to ensure safe working conditions, customer service and business activity – notes Grzegorz Baczewski, general manager of the Lloyatan Federation.

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– In the face of the upcoming fourth wave of the Corona virus, this information is necessary to organize safe working conditions – says Katarzyna Siminkiewicz, an expert on employers in the Republic of Poland. The question is to what extent the government will prioritize workers’ freedom in the new regulations, and how much will it focus on enhancing public safety. This is a very sensitive issue. However, changes are necessary, because some entrepreneurs foretell that they are losing customers who are afraid to contact vulnerable people.

It is important how business access to this information is organized. It is not enough to allow employee vaccination data to be processed. It is necessary to verify this information in public databases.

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– I think that to confirm the correctness of the employee’s statement on vaccination, it is enough for the employee to provide the certificate on the phone – says Justyna Tyc-Brzosko, legal advisor from Domański Zakrzewski Palinka. However, ensuring safe and healthy working conditions may mean changes in the organization of work, such as moving unvaccinated workers to other workplaces. Many entrepreneurs are already considering introducing separate changes to the work of vaccinated and unvaccinated workers, allocating separate entrances to the production hall or exempting only vaccinated workers from wearing protective masks.

There will be employers who will want to use this information to weed out vulnerable people from work, or at least move them to lower-paying jobs. However, they will have to be very careful not to be prosecuted before a labor court and pay compensation or return such a person, if the court decides that the entrepreneur can provide such a person another job.

The government is also considering making vaccinations mandatory in some occupational groups, such as policemen and teachers. Not being vaccinated means separation from the profession.

Quick changes required

– It is important that the government regulates, in advance and with an open front, the issue of providing employers with information about the vaccination of employees. Regulation must have good legislative technique, and this cannot be done in a jiffy. Likewise, we can’t wait any longer and analyze, but we have to decide whether the government introduces compulsory vaccinations to specific professional groups – says Barbara Surdikovska, an expert at NSZZ Solidarność.

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In her view, if a decision is made to provide employers with knowledge about vaccinated and unvaccinated employees, the employer should apply such organizational solutions to unvaccinated people who have the least negative impact on their situation. So, for example, first implement a solution in the form of a remote work order, before moving on to more radical measures.

– We cannot forget the employer’s obligation to ensure safe and healthy working conditions, and thus take measures that reduce risks for all employees – Surdykowska adds.

Opinion on “Rzeczpospolita”

Dominika Dörre-Kolasa, attorney and partner at Raczkowski

Several companies are already collecting information about vaccination, with workers’ consent, to prepare for the next wave of coronavirus. The most important thing about the new regulations will be whether entrepreneurs will be able to verify this information in public systems. Without this, the new regulations won’t change much. However, the most important question is what employers can do with this information. Obviously, unvaccinated workers will be able to move to a different workplace to separate them from vaccinated workers or from customer service. It may turn out that employers will apply restrictions on non-vaccinators – for example, they will prevent them from entering the canteen and other public places. If the lack of vaccination limits the employee’s ability to perform his duties, it appears that it is even possible to fire the employee.

Source: Rzeczpospolita

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