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Justas Vilys, a lawyer specializing in labor law, commented on LNK television about the employer-employee relationship in the face of COVID-19. According to him, the Labor Code imposes an obligation on the employee to undergo periodic medical examinations and check whether he can perform a certain job, and the employer can check it.
“As far as fighting is concerned, we still don’t have such a regulation in the Labor Code, but judging by the provision that the employer must guarantee healthy and safe working conditions and that unvaccinated workers naturally pose some risk, I think that it would be legal to make sure that one or a person from another group who has not been vaccinated does not pose a risk to other employees, ”J. Vilys told LNK.
If, according to the lawyer, the employer does not allow the employee to be vaccinated during work, the employee has the right to demand it.
“If a worker feels unsafe, such as not being vaccinated or working in an unsafe environment, they may complain that they must be vaccinated or isolated and free of unwanted diseases,” continued J. Will.
© DELFI / Robert Narmontas
The interviewee assured that the employer has the right to access the passport of opportunity, but to request a copy of it – no.
“The copy itself, as it is already based on the principles of collecting personal data, is not very justified. The employer must collect as much information about the employee as is necessary in a particular situation. Who needs to have such a copy all the time is a dubious reason. The employer must know the validity of the employee’s data, knowing that the employee has such a passport. You can really familiarize yourself with it, but make a copy, I think it would have no legal basis, “commented the lawyer.
Speaking about the request to show an identity document sometimes together with the passport, the interviewee said that in some cases this is unavoidable and justified.
“The simple fact of showing an opportunity passport with the name is not enough proof that you really have it. You can show a neighbor, a friend, another person, and an identity document already allows you to verify that this document has already been issued and that you are the holder of that passport of opportunity. Such a requirement is fully justified and should not cause any problems, “said J. Vilys.
The worker, he said, has the right to undergo a periodic medical check-up while at work, but the COVID-19 vaccination is not yet regulated and it is unclear if it can be equated with a periodic medical check-up.
Employer
“Personally I am convinced that if an employee, taking care of his own safety and working conditions, were to inform him that he was leaving, and there was very little time to be vaccinated, it would be real, if the employer did not do it I agree to release him, from From the point of view of the public interest in general, I think it would be difficult to impose any disciplinary responsibility on him, ”said the lawyer.
The legal community, as noted by J. Vilys, is watching what will happen next: disputes between employees and employers as aspects of managing the pandemic have become a matter of balancing the predominant assets in society, most importantly, the right not to be vaccinated or the right to work in healthy working conditions.
“It just came to our knowledge then. How the practice will be formed will only show in the future, but in a sense, in the case of discrimination, both can be called. Why should a person be discriminated against and work in unsafe conditions when others are not vaccinated? In the same way, an antiviral can tell why I need to be vaccinated and why I am discriminated against in terms of my views, “said Vilys.
“Everyone has their own opinion, everyone has their own arguments. What will determine, the courts and time will tell. We know from European practice that it is still the practice that public safety is above the individual’s right of choice. opinion has a solid enough basis and one can only assume that Lithuania will follow the same basis, ”added the lawyer.
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