Mandatory Vaccine Against COVID-19 in the Public and Private Sector

Today, October 11, the President of the Republic and the Minister of Health signed Executive Decree number 43249-S which establishes the obligation for Public Sector workers to be vaccinated against the COVID-19 virus and also empowers Private Sector employers to establish in their internal policies said vaccination as mandatory for their collaborators, in order to protect the right to health, life and safeguard public health.

According to the agreements made in the extraordinary session No. XLV-2021 of September 23, 2021 of the National Vaccination and Epidemiology Commission, Private Sector employers who wish to oblige their workers to be vaccinated against COVID-19, must provide it thus in their internal regulations, that is, they must create an Internal Policy on the mandatory nature of the vaccine in their Work Center. This regulation must be documented and informed to the workers by the appropriate means and it must be recorded in writing that they received this provision from their employers.

In addition, this Decree indicates that “it will be the responsibility of the employer to take the corresponding measures in accordance with the country’s legislation and institutional regulations, in the case of workers who do not want to be vaccinated against COVID-19.” Therefore, within the Policy, the measures that the employer would take in the cases of workers who do not have a duly proven medical contraindication and who refuse to apply the vaccine should be established.

The correct elaboration of the Internal Policy of the company that establishes the obligatory nature of the vaccine against COVID-19 takes great importance for the application of this Executive Decree and for the sanctions that the employer could eventually adopt.

Do not hesitate to contact us if you have any questions or require this Policy for your company.

Catalina Rivera Sanabria
Associate
catalina.rivera@ariaslaw.com

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