With swift action being taken around the globe to stem cases
of the new Omicron variant and with much of Europe already
taking preventative measures against a potential fourth wave
of the pandemic, once again, multinational employers face the
challenge of managing global Covid-19 issues compatibly with
fast-moving local changes. While the reported statement from
EU Commission chief Ursula von der Leyen yesterday that
European countries should consider mandatory vaccination to
combat the new variant might rightly lead employers to think
that vaccination as a condition of employment is currently largely
optional, a number of countries around the world (including
in Europe) have already taken some steps in that direction –
whether by mandating vaccination for certain sectors, or, more
indirectly, by introducing severe restrictions for the unvaccinated
or allowing employers to refuse entry to those who are not
jabbed and to send them home without pay. Indeed, just as we
go to press on this alert, the wires are buzzing with the news
that Chancellor Angela Merkel has announced new restrictions
for the unvaccinated in Germany – in particular, barring them
from many public places, including non-essential shops and
events, unless they have recently recovered from Covid-19.
Further, it is reported that a nationwide vaccination mandate
could be imposed in Germany from as early as February 2022,
subject to parliamentary debate. It is, therefore, more important
than ever that employers understand the current position in
relation to vaccination in the jurisdictions in which they operate
and how this interacts with the other preventative measures available – including working
from home.
To assist, we have put together a brief snapshot overview of the
position in key jurisdictions, including the answers to arguably
the two key questions – should employees be working from
home? and can vaccinations be made a mandatory condition of
access to the workplace?