“Vaccination or termination” – what does German law say?

Laws in the United States and other countries – including Europe – allow employers to be vaccinated in certain fields or occupations. The legal situation in Germany is different.

There is no compulsory vaccination in Germany

Is layoff legally possible, as with United Airlines in Germany? German laws and regulations apply to anyone working in this country. And they don’t – at least for the time being – make vaccination compulsory. The employer has the right to direct. But this applies only to operational issues. Once it comes to personal lifestyle, the worker can refer to it. According to lawyers, vaccination is one of them – unless the legislature stipulates it.

But it also means that no one can be expelled just because they haven’t been vaccinated. Lufthansa is also bound by this – with the exception of its subsidiaries, Swiss and Austrian Airlines, which do not have a location in Germany. In general, employers in this country have another right to respect: with the exception of the health care sector or schools, they are not allowed to ask about vaccination status.

No regulation against German regulations

Many employers have a legitimate interest in knowing the vaccination status of their employees. Lufthansa, for example, uses its crews all over the world. There are states that require vaccination upon entry. Only the ability to use the individuals vaccinated on these links makes planning more difficult.

The airline is still content with a declaration from pilots and flight attendants that they comply with the entry requirements of the country of destination – that is, also compulsory vaccination. However, Lufthansa is currently negotiating other regulations with the Labor Council.

DGB Rechtsschutz GmbH is suspicious. Business parties are not allowed to conclude anything directed against German regulations. However, what can be regulated is an alternative use for those who have not been vaccinated – that is, use only in Germany and on medium-distance roads. If this is not possible, there is an exemption. The point of contention is likely to be whether or not this is done with a wage adjustment.

There is no exception when it comes to occupational safety

You can also catch coronavirus at work. In order for the company not to become a super distribution company, the government has tightened occupational safety during the pandemic period. The business owner must develop the concept of hygiene. These include antiseptics, distance rules, mouth and nose protection, and regular tests.

In general, the following applies: The employer is responsible for protecting the health of all employees – whether or not they have been vaccinated. He must comply with the protection regulations provided – according to the Federal Department of Labor. And employees must abide by it. However, it is also important to observe labor law.