Complaints about threats of dismissal are down, but the fall is worrying: then we will see the real situation

A list of jobs and activities for which COVID-19 vaccination will be mandatory for workers will soon be available. Failure to do so will allow employees to be fired without paying them a salary.

All this is foreseen in the draft Law on Prevention and Control of Communicable Diseases of Humans prepared by the Ministry of Health, which should be considered by the Government in the near future. With the approval of the Seimas and the president, the new requirements should take effect on November 1 of this year.

Although the new legislation has not even been considered yet, unions are receiving complaints from workers about pressure from employers to get vaccinated. Otherwise, there is a risk of dismissal.

The State Labor Inspectorate (VDI) has not yet recorded situations in which employees who have not been vaccinated and do not agree to take the test will be fired. There are few queries for inquiries, but also few Delphi say VDI representatives.

There were layoffs of employees

Kristina Krupavičienė, President of the Lithuanian trade union “Solidarumas” Delphi he says he is aware of cases of layoffs, but not layoffs, in the transport sector. In his opinion, the number of complaints and layoffs could increase after September 13, when the new restrictions take effect.

“It just came to our notice then. There have been psychological pressures that nobody sees from lower level leaders:” Get vaccinated because we will forgive, let’s get rid of that. “That pressure is exerted on people, but it is not official, all this has to be done. make a person in writing.

Now there is no serious reason to take such measures, the amendments to the laws have not yet entered into force, but I believe that as of September 13. there may be an increase in complaints, ”he says.

“I have spoken with employers, there are different opinions. Those without employees will not translate. For example, in retail chains, warehousemen, where only one of them works, have no contact with people, employers take into account that this is not important (vaccines – Delphi), there will be no excluded workers, even if they have not been vaccinated. But there are already employees laid off, we turn to the Labor Disputes Commission and we will see what the practice will be, how the problem will be solved, ”says K. Krupavičienė.

The union informs employees that if the employer begins to intimidate with the dismissal, it must confirm it with a document stating the reason for the dismissal.

“There is no article in the Labor Code that can be fired for not getting vaccinated. An employee can be fired for reasons beyond his control. Then severance pay must be paid. And the employers in the Tripartite Council came up with a proposal: the employee is removed if he does not get vaccinated, after three months and fired, and the employer will not pay severance pay. We totally disagree with that, you can’t pressure people, ”he says.

In his opinion, the pressure on workers to get vaccinated and the resulting panic is overblown.

“Let’s look at the statistics: more than a million and a half people have been vaccinated, in the public sector – 80-90 percent, it’s not that bad.” So let’s not panic and make waves?

If tests are needed that are likely to be needed in sensitive areas, such as catering, where there is a lot of contact with people, then the pressure on employees to vaccinate is exaggerated. Both the vaccinated and the unvaccinated will continue to be tested ”, considers the interlocutor.

Employers are offered to speak to employees.

K. Krupavičienė stresses that the union is not at all against vaccines, but it is necessary to find appropriate measures.

“It just came to our notice then. We have a strong medical union, a social workers union, in which the vast majority are vaccinated. There have been cases where workers have said that they are afraid of being vaccinated because of their health problems. I have received such ultimatums that “if you do not help us, we will leave the union.” That is why I ask for an adequate solution.

People get a lot of negative information about vaccines, if we change it to positive, it will help. Employers should talk to employees normally. If they said without any pressure that it is important for them to survive, to work with clients, it would take all the employees. Then you can calculate how much the tests cost and say, “Should we spend that much money on tests or is it better to increase wages?”

Driver’s representative: an employer can be fired for absenteeism

Gintaras Čiužas, director of the Solidarumas Baltic Transport Union, which represents some 2,000 members, says there have been no layoffs yet among them, but they have heard speeches about layoffs. He also presented the results of a member survey: 30 percent. supports vaccines, the other party does not.

“There are no complaints, just a telephone consultation on what to do if the driver does not go to work. Then it will be removed, but for how long can it be removed? The employer can forgive absenteeism. Employers have said they follow the law and do not want to face fines. (…) An employer cannot stop working without a vaccination or a test. People are waiting on September 13 if there are strict requirements, they say they will quit their jobs. We are talking more about workers from third countries, who represent around 80%. sector. Those languages, but they are still working until now, ”he says.

The interviewee considers that there may be an increase in complaints and dismissals after that date.

“Drivers get feedback from employers that the tests will be paid for, it will be too costly for them to test them every time. For now, the employer pays at the companies we work with. When they stop, the employees say the tests will be too much expensive for them. If a person does not want to be vaccinated or tested, they will not go to work, then their employer will fire them for absenteeism, “says G. Čiužas.

According to him, COVID-19 tests should be reimbursed by both the Government and the employer: “There is a shortage of drivers now and they will go out, I think employers will start paying for the tests themselves. I don’t know what it will be like, I still doubt it myself. “

K. Krupavičienė stresses that the employer and the government should bear the costs of the tests: “The employer is responsible for safe working conditions. I would seek a compromise: the state spends a lot of money on various measures, so why can’t it allocate some of the testing costs? ”.

The representative of long-distance workers mentions rumors that some European countries will not admit drivers who do not have the so-called Green Passport, which is proof that a worker has been vaccinated, has become ill or has a negative test result.

Supermarket workers complained a month ago

Edgaras Marcinkus, president of the League of Union Workers, also Delphi says there are currently no employee complaints. However, the situation was quite different a month ago when the decision was made on mandatory testing or vaccination.

“Employees called, wrote and asked what legislation could be used to do it. Employers offered them vaccinations, otherwise they would be fired. At first, the workers were in shock, not knowing all the legislation. We are now receiving fewer inquiries as employees have clarified the situation and rights. But if those cases have decreased, I cannot say.

At that time (a month ago – Delphi) I contacted the Rūta Vainiene supermarket representative, she assured me that employers do not formally require it and cannot do it, and what happens in each store between the manager and the employees is more difficult to adjust ”, comments E. Marcinkus .

“But the fact that some workers have been vaccinated due to pressure and not wanting to lose their livelihood. The same happened in other areas. Maybe that’s why those complaints have diminished ”, he thinks.

In your imagination, September 13. the number of employee complaints is likely to increase. According to the interviewee, this problem is common among all retail chains, both small and large.

The government prepares new measures

The emergency document establishes that the Opportunity Passport regulation does not cover part of the contact activities, so the Government will also seek to implement other measures to achieve the objectives discussed. These measures will be implemented in parallel:

– medical examinations of workers who work or perform activities listed in the list of jobs and activities in which workers who have been periodically inspected and / or controlled for a communicable disease for which a state of emergency has been declared and / or quarantine are authorized to work due to a contagious disease for which a state emergency has been declared and / or quarantine, financed with the funds of the employee or the employer;

– vaccination of workers in certain professions against a communicable disease for which a state of emergency and / or quarantine has been declared is mandatory (unless people cannot be vaccinated for medical reasons), while creating preconditions legal for employers to decide on the exclusion of workers from work if these requirements are not met;

– Sickness benefits are not paid to people suffering from a communicable disease for which a state of emergency and / or quarantine has been declared, who have not been vaccinated against the disease, unless the people cannot be vaccinated for reasons medical.