Note published on August 25 in Reforma, Negocios [Business] Section by Verónica Gascón.
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Note published on August 25 in El Norte, Negocios [Business] Section by Verónica Gascón.
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Note published on August 25 in Mural, Negocios [Business] Section by Verónica Gascón.
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Employers cannot force workers to vaccinate against Covid-19, as is happening in countries such as Italy and the United States, because Mexico has no regulations in this regard.
“Those countries have already mandated that workers who are not vaccinated cannot go to work and their relationship will be suspended, not terminated, without salary.
“But in Mexico we cannot force a worker to be vaccinated in order to go to work”, emphasized Jorge Sales, a specialist in labor law and partner of Littler for Mexico.
He added that what can be done within the existing framework is to have employees take tests in order to detect contagions, as it is included in many of the provisions issued as a result of the pandemic.
“It can be mandated that workers must take the test and the tests must be paid for by the employer.
“A legal regulation must be created , making it mandatory for workers to be vaccinated, not to infringe upon the freedom of the workers, but to protect their colleagues from contagion”, described Sales.
Additionally, the creation of a more stringent legislation in this regard should be considered.
The expert added that if a company started requesting proof of vaccination, it would be infringing upon the rights of the workers, as this is not provided for by law.
Additionally, it would violate freedom of vaccination, which has been placed as a greater legal good for the benefit of workers.
In the United States, President Joe Biden has urged companies to demand that their workers be vaccinated against Covid-19, with the objective of reducing contagions among the population.
Oscar de la Vega, a labor lawyer at the De la Vega & Martínez Rojas Firm, agreed that companies cannot sanction workers for not being vaccinated.
“It would be an action of a discriminatory nature against the worker, as he has the right and freedom to decide whether he wants to be vaccinated or not”, he said.
He added that the law does have a prohibition for workers to attend work if they are already sick.
For its part, the Mexican Association for Human Resources Management (Amedirh), said that a debate is arising among companies on whether a vaccination certificate should be requested.
