In Spain, vaccination in the workplace is only included in Article 8.3 of RD 664/1997, on the protection of workers against risks related to exposure to biological agents, and is strictly applied to specific groups in the bio-health sector.
This regulation states: "when there is a risk of exposure to biological agents for which there are effective vaccines, these must be made available to workers, informing them of the advantages and disadvantages of vaccination".
The problem, as we said, is that this regulation applies strictly to specific groups in the health sector (doctors, nurses and laboratory technicians), and always on a voluntary basis. Therefore, in these cases, the company has a duty to offer the treatment, but it is the employee who decides whether to undergo it or not.
That said, in the current situation, Spanish legislation continues to prioritise the right of the individual over his own body and the protection of the health of others. For the time being, the legislator has not considered it necessary to update the legal framework by proposing a solution to this possible conflict.
In this sense, in the face of the future disciplinary dismissal of an employee for refusing to be vaccinated, the judge would in all probability end up declaring it to be unjustified, as there is no legal basis to justify the termination of the contract. Read more
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