Job applicants may be inquired about their vaccination history.
In the wake of the ongoing COVID-19 pandemic, there have been questions about whether employers can inquire about their employees' vaccination status. Here's a breakdown of the current situation, based on the latest legislative developments.
Peter Sieben, a seasoned editor and political reporter with a background at Funke Mediengruppe, has been writing extensively about the topic. According to Sieben, the draft law states that employers can process an employee's personal data about their vaccination status for the purpose of deciding on employment or the nature of employment.
However, it's important to note that this applies only to certain sectors. For instance, employers in establishments and companies where particularly vulnerable groups are cared for or accommodated, or where numerous people are exposed to an infection risk due to spatial proximity, will be allowed to inquire about their employees' vaccination status. This includes sectors like kindergartens, schools, and nursing homes.
In other sectors, the legal amendment does not explicitly prohibit employers from inquiring about the vaccination status. However, the general data protection provisions will continue to apply, meaning that any such inquiry should be made directly from the employee, and the voluntariness of the decision to take up vaccination protection remains unaffected.
Michael Fuhltrott, a specialist lawyer for labour law, has pointed out that in individual cases, a legitimate interest in knowing the vaccination status may be asked for. This could be particularly relevant for employees who work on site with customers, as many clients demand proof of vaccination status to protect their own employees.
However, it remains unresolved whether an employer can demand a COVID-19 vaccination as a requirement for promotions, extensions, or new hires. Achim Berg, president of the IT industry association Bitkom, believes that companies should be able to find out the vaccination, recovery, or test status of their employees for risk assessment and a company hygiene concept.
Inquiring about vaccination status may require the involvement of the works council, and violating an employer's request for information about vaccination status can result in a breach of duty and may be sanctioned with a warning up to and including dismissal.
As the situation continues to evolve, it's crucial for employers and employees to stay informed and follow the latest guidelines to ensure a safe and healthy work environment. Companies in the digital economy, known for their pioneering efforts in fighting the coronavirus and protecting the health of their employees, are leading the way in this regard.
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