EMPLOYERS’ OBLIGATION TO INFORM UNVACCINATED EMPLOYEES IN WORKPLACES

With reference to our Newsletter dated 3 September 2021 regarding “Mandatory PCR Test for the Employees Who Have Not Been Vaccinated”, we would like to further inform you that as per the same Announcement, the employers are under an obligation to inform all of their employees about the protective and preventive precautions against the health and safety risks that may be encountered in the workplace.

The Ministry of Labor and Social Security also required employers to separately inform in writing those employees whose COVID-19 vaccination has not been completed.

Employees who are not vaccinated after receiving this information must be notified by their employers regarding the possible consequences of a definitive diagnosis of COVID-19 in terms of labor and social security laws and regulations.

Although any such “consequences” for the concerned employee(s) and the workplace would differ as per the circumstances to be the case, we advise our valuable clients to comply with this notification demand of the Ministry and inform their employees in written about vaccination and its relationship with health and safety regulations in the workplaces. The Announcement clearly states that one of the main duties of the Ministry is “to take measures to regulate the working life, to facilitate labor peace in employee-employer relations and to monitor the implementation of measures to ensure occupational health and safety.”

Having said this, we would like to repeat that as informed in our previous Newsletter, employers will decide at their own discretion about requesting or not mandatory PCR test from their employees who have not been vaccinated, once a week, as of 6 September 2021.

Our Law Firm remains at your disposal for any further clarifications you may need.