Teaching staff have a free choice when it comes to vaccination
Despite the wish of the AOb For the time being, teaching staff will not be given priority when vaccinating. But what are your rights and obligations when the time comes?
Not the teaching staff, but healthcare workers, people with a medical risk and people over the age of XNUMX have priority in the current vaccination campaign. Employers cannot require teaching staff to vaccinate. This is contrary to the right to physical integrity. An employer can submit the request for vaccination to you. You ultimately decide for yourself and you can therefore refuse the request.
Employers cannot require teaching staff to vaccinate
In exceptional cases, you might be asked to get vaccinated. For example, when you work with very vulnerable students or colleagues and it is not possible for medical reasons to observe the precautions - five feet away, mouth and nose masks. Even then, it must first be checked whether you cannot perform the same activities in a different (digital) way, or whether you will (temporarily) receive other replacement activities.
Because education staff can make their own decision, an employer cannot fire you because you do not want to be vaccinated. The employer is also not allowed to withhold wages if an employee reports sick and is infected with corona. Not even when the employee has made a conscious choice not to be vaccinated. This is only allowed if the illness was caused deliberately by the employee. According to the judge, this is not easily the case.
Employers are not allowed to ask if you have been vaccinated and if they do, you do not have to answer. The information whether or not you have been vaccinated is special personal data within the meaning of the General Data Protection Regulation (GDPR). The decision on the possible employability of an employee in relation to the vaccine is reserved for the company doctor or occupational health and safety service.
More questions about vaccinations? Check out our Frequently Asked Questions about the corona virus.