This is not possible in the current legal environment.
The coronavirus vaccination raises important labor law issues. The vaccination is currently not mandatory in our country, so the employer cannot make it mandatory, even if it is tied to a job role. At the same time, the employer has a legal obligation to maintain a health-friendly and safe working environment, but it must do this with the means at its disposal and within legal limits.
If the employer were to make the vaccination mandatory for the employee or if the employee were to suffer any disadvantage due to not getting the vaccine, it would also raise discrimination and data protection concerns. Vaccination should not be an obligation imposed on everyone, as there may be employees who cannot receive the vaccine due to their personal situation, such as pregnant women, or those who are allergic to certain components of the vaccine, or those who have previously had the virus but the specified time has not yet passed to receive the vaccine. It is difficult to decide based on objective criteria who would be legally able to refuse vaccination.
The conclusion of an employment contract cannot be made dependent on the employee’s immunity, and therefore a question regarding this cannot be asked during a job interview. Furthermore, recording the vaccination status of employees is problematic from a data protection perspective, because such information is considered sensitive personal data, which the employer has no legal basis for processing.
As the European Commission pointed out at the EU summit on 22 January 2021, the development of appropriate legislation is further complicated by the fact that there is still some uncertainty about the use and effectiveness of certain vaccines. For example, it is not always clear how long the vaccine provides protection, whether those who have already received the vaccine can still be infected, and to what extent the emergence of new mutations affects the protection provided by the vaccine. Clarifying these issues is an essential condition for adopting the necessary rules, which requires a serious medical examination and sufficient experience.