Can unvaccinated employees be denied access from the office?

Foto van Martin Buijsen

Leaseplan has announced that they want unvaccinated employees to continue working from home to protect employees and their families. Martin Buijsen, Professor of Health Law at Erasmus School of Law, states in Trouw that this is an unconstitutional breach of privacy.

Leaseplan will not actively check its employees for vaccination certificates, as the company expects employees to comply with the established house rules. They believe that – while there is no precedent, and it is a complicated legal story – excluding unvaccinated people from the workplace does not violate the law.

Buijsen thinks differently about this, as access to work is essential, so an employer cannot simply impose such restrictions on its employees. “With that, you create a kind of second-rate employees,” says Buijsen. All forms of indirect compulsory vaccination infringe privacy, so compulsory vaccination is only permitted if proportionate and necessary. According to Buijsen, the interests of employees are too significant to justify a measure such as that of Leaseplan.

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Click here for the entire article by Trouw.

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