Bulgaria: Employers Do Not Have Right to Require Vaccination of Their Staffers

 Vaccines for coronavirus are ‘recommendable‘, which means that the patient may refuse to have one, told Bulgaria ON AIR medical law expert Maria Sharkova answering the question of whether employers have the right to set conditions for their employees to be vaccinated.

She pointed out that employees can appeal before the Labour Inspectorate such a requirement by the employer. In her view, a more correct approach is for employers to incentivise their employees to get vaccinated, not to force them.

Sharkova explained that there are complaints that as a condition for employment it is required to be vaccinated or that the person already had been ill and has antibodies.

In her words, the correct judgement depends on what kind of work is in question. If you're looking for a babysitter for your child who suffers from a chronic illness - it makes perfect sense to look for someone who has been vaccinated or has overcome the illness, she noted. The expert added that such requirements could be set for the recruitment of medical staff in medical facilities and nursing homes, because in this case the risk is high for patients or inmates in nursing homes who are vulnerable.

In our country, however, in order to introduce such requirements, the legislation has to be changed, especially with regard to medical requirements for recruitment. Sharkova said that currently such a requirement could be considered discriminatory.

Commenting on vaccination passports and whether they restrict our right of free movement in Europe, the lawyer clarified that this depends on how vaccination passports will be introduced by the EC. As an example, she said, a yellow fever immunization certificate is currently required to enter some countries around the world, which is approved by the WHO.

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