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Government can force vaccination of the entire population if herd immunity is compromised

| News | Employment Law and Social Security

Alfredo Aspra explains in Vozpópuli that, in the current circumstances, the employer cannot force the worker to be vaccinated

In Spain it is not compulsory to be vaccinated against coronavirus. Everyone can decide about their own health and their own body. However, if necessary, the government has the legal tools to make vaccination against COVID mandatory. If herd immunity, which will be achieved when 70% of the population is vaccinated, were at risk due to a mass refusal of the vaccine, the government could resort to legal means to impose it.

Penalties for workers who do not get vaccinated.

Can an employer force his employees to take the vaccine? Not in the current circumstances. Alfredo Aspra, partner at Andersen and head of the firm's employment practice, argues that "as of today, the government authorities have not decreed that vaccination against the covid-19 viral pathogen is compulsory".

"Therefore, if this situation persists, it would be defensible to argue that companies could not force employees to be vaccinated. It would be different, perhaps, if, through Organic Law 3/1986 on special measures in public health matters and depending on the evolution of the pandemic, a possible compulsory vaccination against the coronavirus is authorised or covered, as a "legitimate", "necessary" and "proportionate" measure to achieve the general interest goal of health protection", explains Aspra.

The full article can be read in Vozpópuli.

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