Can we force our employees to take the COVID vaccine? Employees not opting to vaccinate

Hello Members,

Can we force our employees to take the COVID vaccine? We are reopening our office and allowing employees who have already received both doses. Can we take corrective action if they don't comply - like terminating their service?

You can bar the non-vaccinated employees from entering the office and mark them as absent. Depending on the length of absence, you can take disciplinary action.

The employer has the right to impose reasonable restrictions on the employees allowed to be at the workplace. It is not only the right of such employees involved but also the safety and health of the other people present. Therefore, it cannot be risked, and the action taken to ensure that only twice-vaccinated employees are allowed entry inside the office is a reasonable restriction imposed for the common good.

Agreeing with the above comment by KK. It is the responsibility of the employer to protect employees, and the organization cannot run on the whims of an employee. The employer can impose such restrictions or frame rules as per the situation warranting the health and safety of employees. You cannot put others' lives at risk.

Yes, you have the right to enforce vaccination. Please refer to the Disaster Management Act and its rules.

The most important argument is that it is necessary for the safety of your vaccinated workers.

Yes, the safety of employees is the responsibility of the employer. However, the employer should make provisions for vaccination. If an employee does not submit to vaccination, it is at his own risk.

Vibhakar Ramtirthkar, Pune

You can restrict the non-vaccinated employees from entering the office. You cannot take disciplinary action amounting to termination directly. The employer has the right to impose restrictions for the safety and security of the lives of its employees. It is the responsibility of the employee to adhere to the norms and guidelines of the office.

You need to circulate an implied circular: Employees without both dosages of vaccination shall not be given entry since people without vaccination pose a threat to the lives of other people at work in the office. This is a precaution under the ongoing pandemic as a safety and security measure. The employee without the vaccination shall be marked as absent and abstaining from the services at their own will and wish. Employees who remain absent for a period beyond one week/two weeks shall be treated as self-abandonment of services.

You can ask employees not to attend the office until they get vaccinated, and those days can be treated as Personal Leave.

You can take action against the employee by referring to the Code of Conduct applicable to the employee (Safety Clause).

Termination seems to be an extreme action. It is advised that one should check with a doctor before getting vaccinated, which means there could be people with health conditions who can't take the vaccine. It's not 100% true that only unvaccinated employees are a threat because even a vaccinated employee can be infected with Covid and can still transmit the virus if Covid protocols are not followed. With respect to the spreading of the virus, even vaccinated employees are also a threat. This cannot be ignored.