For some professions, there could be a legal obligation to vaccinate. Consumers also expect changes.
The hopeful wait for a Covid-19 vaccine is over. At the same time as the good news, doubts about the safety of the vaccination also arose. It looks like some groups of people and professions will not be able to do without the trick.
The KURIER asked the Lower Austria Chamber of Labor (AK NÖ) about the legal aspects of work and everyday life when it comes to vaccination.
Who needs to be vaccinated? There is no general compulsory vaccination in Austria and should not be. In the Epidemic Act of 1950, however, there is a provision according to which employees in certain professions, such as medical treatment, nursing, funeral management and midwives, can be vaccinated. This can also be arranged for individual employees. Incidentally, the vaccination does not have to be given at the moment even if the employer requests it.
Do certain professional groups have to disclose their vaccination status? No. According to the law in the health sector, the employer's interest in disclosure could most likely exist. If an employee refuses to do this, the employer must first assign him or her to a less risky activity. If the employee does not want to do this, this can be a reason for termination or dismissal.
Do I have to say at the interview whether I have been vaccinated or tested? It depends on the job. In the health sector, the employer may ask for a vaccination. But if you don't work closely with other people so that you would endanger them, you don't have to report illnesses or vaccinations. On the other hand, a private employer does not have to give a reason why one does not get the job.
“Questions about the corona vaccination are currently of great concern to employees. People can rely on our expertise. It is important to note that we always have to refer to the legal basis and current regulations when making inquiries. But that does not automatically mean that we are satisfied with it. “
Can an employee offer to wear an FFP2 or FFP3 mask instead of a vaccination? In principle, termination in private employment does not have to be justified. Wearing a mask does not protect against termination.
Could vaccination refusals have their sick pay reduced? According to the experts from AK NÖ, this is currently unimaginable and would mean a legal change that is difficult to achieve with a majority.
Could it be that nursing homes only accept vaccinated people? This is possible in private nursing homes. What happens to people who are not allowed to be vaccinated for medical reasons or who are so-called “non-responders” (do not develop antibodies) must be clarified.
Can inpatient treatment of non-vaccinated people be refused? This is currently not legally possible. In principle, registered statutory health insurance physicians could not refuse treatment either. An exception only applies if there are special cases, for example particularly aggressive patients. All resident doctors and therapists can, however, make use of their house rules and demand special protective measures, such as wearing certain masks and protective clothing, for those who have not been vaccinated.
Are hospitals allowed to refuse to visit people who have not been vaccinated? No, because according to the current legal situation, patients must be guaranteed sufficient contact with the outside world.
Can private companies require a vaccination for a contract? Yes. This could, for example, apply to contracts with fitness centers or when buying tickets before going to concerts. This is because private autonomy applies, which means that private companies can basically always decide for themselves with whom to conclude contracts and with whom not.
