SARS-C0V-2 Vaccination In The Context Of Employment

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Article Navigation Article Navigation Journal Article SARS-C0V-2 vaccination in the context of employment: the legal framework in Hungary ME Földes, ME Földes International and European Law Program, The Hague University of Applied Sciences, The Hague, Netherlands Contact: evafoldes@yahoo.com Search for other works by this author on: Oxford Academic PubMed Google Scholar Cs Kaposvári Cs Kaposvári Faculty of Health Sciences, Doctoral School, University of Pécs, Pécs, Hungary Search for other works by this author on: Oxford Academic PubMed Google Scholar European Journal of Public Health, Volume 31, Issue Supplement_3, October 2021, ckab164.301, https://doi.org/10.1093/eurpub/ckab164.301 Published: 20 October 2021 Navbar Search Filter European Journal of Public HealthThis issue Economics of HealthHealth, Illness, and MedicinePublic Health and EpidemiologyBooksJournalsOxford Academic Mobile Enter search term Search Close Navbar Search Filter European Journal of Public HealthThis issue Economics of HealthHealth, Illness, and MedicinePublic Health and EpidemiologyBooksJournalsOxford Academic Enter search term Search Advanced Search Search Menu

Abstract

Background

Deployment of SARS-CoV-2 vaccines has sparked the debate on action that employers can lawfully take to promote vaccination uptake among employees. Absenteeism reduction, liability concerns, occupational health and safety, protecting the health and safety of clients and service recipients might prompt such action. This raises questions about employees' freedom of choice and right to (refuse) consent. The research examined the related policy and regulatory framework in Hungary.

Methods

Legal and policy analysis was conducted on Hungary's immunization policy as well as its legal and regulatory framework for SARS-CoV-2 vaccines deployment. The focus was on health law and labour law to explore whether and how SARS-CoV-2 vaccination could be turned into a workplace safety requirement.

Results

In Hungary, SARS-CoV-2 vaccination is currently voluntary. However, the Hungarian Healthcare Act and Labour Code allow for making it mandatory by ministerial decree prescribing a vaccination obligation as an employment condition for certain jobs. The National Public Health Center determines on a yearly basis the list of jobs concerned. Individuals may only be exempted if their (current or foreseeable) underlying health conditions so require. Further to the Labour Code, if employers use negative incentives (e.g., sanctions) and positive incentives (e.g., bonuses) to enforce vaccination, they must satisfy the conditions of necessity, proportionality and non-discrimination.

Conclusions

Although SARS-CoV-2 vaccination is currently voluntary in Hungary, the legal framework for mandatory vaccination at work is put in place. When it comes to enforcing the vaccination obligation, sanctions imposed by employers and related application of the necessity and proportionality standards have not yet been tested in Hungarian courts.

Key messages

• Regulation shall ensure protection of employees’ rights as part of SARS-CoV-2 vaccination policies.

• Measures promoting vaccination must respect the legal requirements of proportionality, necessity and non-discrimination.

PDF This content is only available as a PDF. © The Author(s) 2021. Published by Oxford University Press on behalf of the European Public Health Association. All rights reserved.This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model) Topic:

• absenteeism
• employment
• hungary
• labor
• occupational health
• safety
• vaccination
• principles of law and justice
• statutes and laws
• public health medicine
• severe acute respiratory syndrome
• incentives
• prescribing behavior
• occupational safety
• clients
• military deployment
• employee
• hungarian
• employer
• vaccination policy
• sars-cov-2
• covid-19 vaccines

Issue Section: Parallel Programme > 4.L. Oral presentations: Health at work Download all slides

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