If you are not vaccinated can you be fired? Here’s what the law says and what big companies in Portugal think about the matter
In Portugal, large companies say they do not have records or make distinctions between vaccinated and non-vaccinated workers. Even because the law prevents them from updating this information. But there has been an alternative path, Occupational Medicine, where the communication of freedom is. Employers’ confederations also remove the mandatory
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January 14th. Today is the deadline for a worker from Citigroup America (USA) to deliver to the company a certificate from the United States ending in the United States or a document proving that they are exempt from inoculation against covid19. If they don’t, they can end up with the layoffs.
Asked about this measure and its possible application in Portugal, where it also has operations, the bank’s official source responds to CNN Portugal with a simple “no comment”. But public information allows national workers: if they don’t have the dismissal context, like their colleagues coming from the United States. The rule applies only to the USA.
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The bank’s policy is justified by a decision by the White House itself, which states that workers who support state contracts must be fully vaccinated. At this stage, more than 90% of Citigroup’s US workers already meet the requirement. The identification process started in October.
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But Citigroup is not unique. In the US, United Airlines and Mayo Clinic followed suit, laying off unvaccinated workers. Google, according to the international press, does not close the door to this scenario. And the issue has been raised in many other geographies, with employers taking different measures for who is vaccinated or not. In the United Kingdom, Ikea will not pay sickness benefit to employees who, having contracted covid-19, for example, will not inoculate the viruses.
In the other geographies where it is present, Citigroup follows national rules and laws. In Portugal, companies are prevented from questioning workers about the vaccines they took. And companies do not converge on the same position: the question of the importance of the need with the same basis to be able to work even on the list of laws.
CNN Portugal contacted 15 of the largest companies in Portugal, in areas such as energy, retail, telecommunications and technology, banking, hospitality, private health or industry. Questioning whether they kept a record (even if informal) of vaccinated workers, whether there were different practices for vaccinated or not (such as, for example, the preference for teleworking in this case) and whether they have received notices from the workers themselves about the continuity of their posts of work cannot be inoculated.
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From these contacts, CNN Portugal received, formally or informally, ten responses. All stress that the company complies with national law, not having a register of vaccinated workers or different practices for those who will not be inoculated.
As an example, Microsoft’s technology responded that it “acts in accordance with national standards.” In the hotel sector, the Vila Galé group says that “this is a topic that is not on the table”. The same with the Pestana group, which “prosecutes the competent authorities in the different regions where it is” is the legislation that “the authorities present in the different regions where it is”.
Occupational Medicine: an alternative door to the law
Although there is no legal obligation for the worker to inform the company about which vaccines he has taken, the topic is not completely out of working life. Like? Through the Occupational Medicine Offices. This information is, however, only in the possession of the doctor.
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Companies that cannot be defined for Gal facilities or make any distinction between workers. Even so, taking into account the need to prevent the pandemic as much as possible, they have developed awareness and clarification actions.
The workers started the work process of Deses, in May of last year they can, , possibly inform her about the taking of the vaccine and work that can be done to have Medicine. Following this information, and if they so wish, employees can be accompanied by the area that can help explain any issue that may arise”, EDP official.
In addition to “always facilitating the movement of employees” who are going to be vaccinated, Sonae – owner of Continente supermarkets – ensures that “knowledge of employees’ vaccination status is dealt with exclusively in the sphere of Occupational Health” and “always on an optional and non-intrusive”.
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Jerónimo Martins, the owner, has no established legal obligation. But the company is available to “pass on information and knowledge” through the internal medical team.
Recalling “the character and decision of the individual of taking the request of the Gal invited for the dedicated work”, which “was the official risk for monitoring their health and monitoring their health and monitoring the measurement” in the respective facilities”.
Bosses: high convenience fee
For as with the obligatory table theme, no records of concern on the part of obligatory companies. The presidents of the four most important confederations in the country remind CNN Portugal that there is no law that obliges workers to report on the vaccines they have taken. And without it, nothing can be done about dismissals or different practices for those who did not get the vaccine.
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“With no legal basis, this measure cannot be taken. You can, yes, make appeals”, reacts António Saraiva, president of the Portuguese Business Confederation (CIP).
Any change in this matter, the president of the Confederation of Tourism of Portugal, Francisco Calheiros, recalls that it has to go through the Government. If this happens, the social partners must be appealed to the executive’s ears – a position that is shared by other colleagues.
The proposed resolution of the discussion in Portugal will be one of the reasons to propose the decision-making for the possibility of working. “Right now, no one asks us these questions. I think there are so many cases of unvaccinated people that it is almost not being noticed”, João Vieira Lopes, president of the Confederation of Commerce and Services of Portugal (CCP). In the same vein, Eduardo Oliveira e Sousa of the Confederação dos Agricultores de Portugal: “a subject that still doesn’t apply is follows”.