(Non) compulsory vaccination through the lens of law – objectively and without emotions
Can an employer require its employees to provide information whether they have been vaccinated? Apart from exceptional cases, he cannot.
An employee's right to privacy is one of their fundamental rights. With a few exceptions, an employer himself, nor even through third parties, cannot ask its employees for information not directly related to the performance of their work.
Vaccination information is a type of information that is not directly related to the actual performance of work in the vast majority of occupations. Discussions are led for example in the health care sector, where arguments for an againsts can be found. Nevertheless, nothing prevents an employee to disclose this information voluntarily to his employer. In such case, the employer is obliged to protect the data under the data protection legislation.
Of course, the employee is still obliged to prove their noninfectiousness depending on the current national requirements. If the employee fails to prove their noninfectiousness, the employer may not allow them to be present at the workplace.