• This Decree will enter into force on October 15.
• Private employers may also establish the mandatory nature of the COVID-19 vaccine cycle for their employees in their internal regulations.
Executive Decree No. 43249-S will enter into force this Friday October 15, requiring the COVID-19 vaccine for all public sector officials, as well as for any private sector workers whose employers have opted for including said vaccination as mandatory at their workplaces under their internal labor regulations.
This decree sets forth that “employers will be responsible for adopting the relevant measures based on the country’s laws and institutional regulations, in case of workers who are not willing to vaccinate against COVID-19”.
Both public and private employers should be reminded that such decision might turn out to be controversial, and thus they must remain vigilant in connection with any clarifications and possible regulations to be issued over the next few days, as well as make sure that such decisions are adopted based on objective reasons. This will always be recommended in order to avoid possible claims on grounds of discrimination as well as unnecessary costs to be borne by organizations.
At BDS we are committed to guiding employers in the adoption of decisions allowing them to overcome the pandemic, reactivate the economy, and protect workers’ health, which is why we will be issuing guidelines and addressing the most frequently asked questions in connection with this topic.
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