Government Prohibits Dismissal for Lack Of Vaccination


Vaccination: On Monday (1), the Minister of Labor and Welfare, Onyx Lorenzoni, published an ordinance that prohibits companies from dismissing employees for just cause for lack of vaccination certificate against covid-19. The norm defends that the presentation of a vaccination card “against any illness” is not included as a reason for dismissal for just cause in the Consolidation of Labor Laws (CLT).

Ordinance No. 620, published in an extra edition of the Official Gazette on November 1st, prohibits discriminatory practices based on sex, origin, race, color, marital status, among others, and includes the mandatory vaccination certificate for hiring or maintenance of employment as one of them. That’s what the second paragraph of the first article of the ordinance says, check it out:

§ 2 It is considered a discriminatory practice to have a vaccination certificate mandatory in selective processes for the admission of workers, as well as the dismissal for just cause of an employee due to the non-presentation of a vaccination certificate.

According to the ordinance, the company that dismisses for discriminatory act must repair the employee for moral damage. The latter may also choose to be reinstated and fully reimbursed for the period removed, with monetary correction and interest, or receive double the remuneration, applying the same principles already mentioned.