If you don’t want to get the vaccine in America, it will be much more difficult in an increasing number of places. For example, all federal government officials will be asked to be vaccinated. It concerns millions of people. Those who refuse must often get tested, continue to wear masks and keep their distance, Biden announced tonight. In extreme cases, it can lead to the dismissal of some officials who work with vulnerable people.
The business world also selects more at the door: Google and Facebook only want to allow vaccinated people in the workplace. Netflix makes vaccinations mandatory for all actors and employees of American studios. The number of US universities requiring proof of vaccination now stands at 400.
Anders and AmericaDutch employees can not be forced to be vaccinated, in France and Italy, explains Rachel Rietveld, researcher in labor law at the University of Amsterdam. “It would be a violation of article 11 of our Constitution: the right to the inviolability of the body. In principle, this takes precedence over everything else.”
The AVG, the General Data Protection Regulation, is also important. “This applies to everyone. It follows that your employer is not authorized to request your health data. For example, you do not have to answer questions about your claims if you make yourself ill. . You have the right to privacy. No need to reply. An occupational physician may know this, but is not authorized to do anything with the information.
Not just fired
But there are always exceptions to be made, says Rietveld. “This is the beauty and often the difficulty of the law. For example, you have a legal article on good employees and the employer. This can still be useful in specific cases. Suppose you work in an IC as a healthcare worker and you don’t feel like taking a vaccine. , then the hospital may require you to work in a different ward. The argument is that critically ill patients must be protected. A broad interest which probably outweighs individual rights.
This should not only lead to dismissal and this only applies in extreme cases, emphasizes Rietveld. “This health argument does not apply to a factory where employees work on an assembly line. Then an employer can often take less drastic measures, such as installing fenders.”
The largest employee organization, FNV, says the discussion here in the Netherlands has not really started yet. “But our position is clear: a vaccination obligation is a violation of a fundamental right and should therefore not be imposed by the government and employers,” said a spokesperson.
High immunization readiness
This is also confirmed by VNO-NCW, the employers’ organization. “For the moment, this discussion is hardly or not at all between our members. Unlike the United States, we have a very strong desire for vaccination in the Netherlands (90%) and the current Dutch law does not allow it. . “
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