For now it is not mandatory but it could happen in the future, specialists say
MÉRIDA, Yucatán, (September 20, 2021).- Vaccination against Covid in Yucatán has already advanced to the last population groups for which biologics are available, and many people wonder if in the long term the full vaccination certificate will be required to maintain employment.
Although the labor authorities have reported that employers cannot condition employment to the vaccine, specialists believe that it is a process that will take place over time.
“Constitutionally, if workers were forced to comply with the vaccination scheme, that is, with the two doses, it could be seen as violating behavior and against the human rights of workers,” said Germán de la Garza, partner of Labor Services from Deloitte Mexico.
Companies, he continued, must be very careful in how they implement these types of measures and especially in the event that the number of vaccines on the market allows it.
It will be mandatory at some point
For his part, Alejandro Avilés Gómez, president of the Mexico City Labor Lawyers Association, stated that “at some point, we are going to transition to the obligation of the worker to have the vaccine.”
He indicated that there is a basis in the law, specifically in article 47 of the Federal Labor Law, which establishes the causes of termination of the employment contract without responsibility for the employer, and one of those causes is that the worker refuses to use preventive measures to avoid accidents and illnesses.
Since there is no definition on the subject, the specialists agreed that campaigns have now been launched in some companies seeking to get workers vaccinated and thus not put themselves at risk.