Companies Can Dismiss Employees Who Refuse to Get Vaccinated or Wear Masks for Just Cause

The Supreme Court (STF) Decided In December 2020 That The COVID-19 Vaccine Can Be Mandatory, But Cannot Be Administered By Force

Due to the decision made in December last year by the STF, in which immunization against COVID-19 cannot be administered by force but can be mandatory, Brazilians who do not want to be vaccinated will be subject to the sanctions provided by law, such as fines and restrictions from entering certain places. In the case of a worker who refuses to get vaccinated or wear a mask, they may be dismissed for just cause, but the company must issue a warning before dismissing.

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Amidst the increase in the number of COVID-19 cases in Brazil along with the expectation of the start of the immunization campaign, the role of companies in raising awareness among employees about prevention measures has become increasingly important.

Despite so much awareness, often the employee themselves refuses to follow safety protocols. In such cases, lawyers warn that the worker risks being dismissed for just cause.

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According to labor lawyer and partner at Machado Meyer, Daniel Dias, the Federal Constitution imposes on companies the obligation to ensure a safe working environment for their employees.

Based on this, companies can require vaccination in their Occupational Health Medical Control programs (PCMSO), in addition to the use of masks.

For labor lawyer Lariane Del Vechio, if the State decides in fact for the mandatory vaccination, the company may restrict access for employees who refuse to be immunized. “The professional is subject to labor penalties, such as warnings, suspensions, and dismissal for just cause.”

Employees Must Be Warned By The Company Before Being Dismissed

Partner in the labor area of Chediak Lawyers, Flavio Aldred Ramacciotti compares the mask to personal protective equipment (PPE) required in jobs with exposure to harmful agents, such as noise and toxic substances.

Failure to comply with the mask requirement could be interpreted as an act of indiscipline or insubordination by the employee, providing justification for dismissal for just cause, states lawyer Marcela Tavares from Machado Meyer.

Companies Will Not Be Able To Vaccinate Employees

The federal government informed during a virtual meeting organized by the São Paulo State Industries Federation (Fiesp) with business leaders, that the purchase of vaccines by companies to immunize employees will be prohibited.

In an interview with Rádio CBN, Fiesp president Paulo Skaf stated that, despite the prohibition on vaccine purchases by the private sector, business leaders left the meeting “more at ease” regarding the start and pace of the national vaccination campaign.