Refusal to mask against COVID-19 could lead to dismissal

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Workers who refuse the covid-19 vaccine or reject the use of a mask to prevent transmission of the disease are subject to dismissal for cause. This is what experts interviewed by Agora São Paulo say this Tuesday (19th).

According to lawyer Maurício Pepe de Lion, the municipal and state decrees regarding the mandatory use of masks in public spaces, as well as the federal law on the subject, are also valid for the work environment and must be respected.

He explains that companies need to disclose the mandatory use of masks in their internal channels, in addition to alerting employees about the possibility of imposing sanctions on those who fail to comply with these rules (including dismissal, valid for the most serious cases of recidivism).

In Lion’s view, Article 482 H of the Consolidation of Labor Laws (CLT) can be used in this situation, as it provides for dismissal due to indiscipline or insubordination. In addition, the expert points out that the refusal of the mask by an employee puts the health of others at risk, aggravating the situation.

Refusal to get vaccinated

Regarding the vaccine against the new coronavirus, whose application campaign started in some states last Monday (18), lawyer Rodrigo Shiromoto mentions that anyone has the right to refuse, but some companies may have a different interpretation of the law .

For him, the general rule of the collective prevailing over the individual, based on labor law, supports employers who choose to apply sanctions to workers who refuse to take the vaccine against covid-19, even going so far as to dismiss them.

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Another fact remembered by Shiromoto is the position of the Supreme Federal Court (STF). Last December, the agency guaranteed the freedom of choice of individuals, but stressed that non-immunized people could face civil sanctions.

In this case, the employee who does not get vaccinated would be subject to suffer from milder penalties, such as a warning or prohibition to frequent the work environment, being under the regime of unpaid leave, to more serious ones, including dismissal for just cause .

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