Your employer can request an immunity card in this case only
The most pressing issue regarding the protection certificate remains the compliance of companies with equal treatment rules. As the number of vaccinations increase and services reopen, workers return to their former work environment.
The question arises as to whether employers can request proof of protection. Is it legal to differentiate between protected and non-protected? PwC Legal’s expert lawyers from Réti, Várszegi és Társai Law Office summarised the main information in a statement to 24.hu.
Employers can still not oblige their employees to apply for vaccinations. There is no rule, however, against employers encouraging their employees to take the vaccine by giving them an extra day off to get the vaccine and rest. Still, the employer cannot simply apply an adverse legal consequence for failing to do so
says Dr Laszlo Szucs, expert lawyer.
Last week, Daily News Hungary reported, that the Hungarian government issued a few modifications regarding the immunity certificate. The most important changes involve the vaccination of those Hungarian citizens who do not have social security number and those foreigners who have been living in the country for a long time already, wrote hvg.hu.
Many employers would be interested in an employee protection card, however slight civil unrest is already percievable. Therefore, in order to soothe social situation and resolve any arising legal issues, there are special conditions for registering protection at work.
The employer may only request information from their employee that is relevant to their position or employment relationship. What constitutes relevant data is not defined by law. It is clear, however, that in order to decide the issue, the duties performed by the employee must be examined.
If the job requires a high degree of personal interaction (i.e., in cases where partners, guests, patients need to be met while working), a lack of protection may significantly impede an employee’s life. Just as the legislation already provides additional rights for owners of a security certificate, the service provider’s contractual partners may, as an additional requirement in the near future,
only accept people with an immunity certificate at their premises.
The most pressing issue regarding the protection certificate remains the compliance of companies with equal treatment rules. According to Márta Zsédely, in such cases, we cannot talk about the violation of equal treatment as long as the employer can prove that a measure has an objective, reasonable reason or that the different treatment ensures the health of those who do not have a protection certificate.
It was also emphasised that the termination of employment as a last resort move can only be legally carried through if the employer has made every effort to maintain the employment relationship with reasonable work organisation or occupational safety measures.
Source: 24.hu