Can employee be fired if employee refuses to be vaccinated against coronavirus in China
Residents of China are eligible to be vaccinated against the coronavirus in accordance with the immunization program and fulfill the vaccination obligations of the vaccination program. Currently, the new coronavirus vaccine is not included in the vaccine immunization program.
According to Article 97 of the Vaccine Management Law of the People's Republic of China: Vaccines for immunization programs refer to vaccines with which residents must be vaccinated in accordance with government regulations, including vaccines specified by the national immunization program. Vaccines not associated with the immunization program are other vaccines that are voluntarily vaccinated by residents.
Under this premise, the obligation to be vaccinated against the coronavirus should not be contractual and the issue of vaccination should be seen as a personal choice of the individual (in terms of personal freedom, acceptance or refusal of treatment is also recognized).
According to paragraph 7 of article 18 of the Labor Law: If the rules and regulations of the employer violate the provisions of laws and regulations and harm the rights and interests of the employee, the employee may terminate the contract with the employer.
In other words, contractual relationships imposing such obligations may be considered void and unenforceable.
If an employee refuses to receive a coronavirus vaccine, can the employer fire her?
According to Article 25 of the Labor Law, an employer may terminate an employment contract if the employee has one of the following circumstances.
1. During the probationary period, it is proved that they do not meet the conditions of employment;
2. Serious violation of labor discipline or employer's rules;
3. Serious dereliction of duty, abuse of office for personal gain, causing serious damage to the interests of the employer;
4. Were brought to criminal responsibility in accordance with the law.
In other words, if a manager fires an employee for no reason, it is definitely illegal. However, if an employee refuses to be vaccinated without a valid reason, this may create hidden hazards to the production and operational safety of the facility, and his behavior constitutes a serious violation of the rules and regulations of the company, and the manager has the right to legally dismiss the employee.
In other words, whether an employer can fire an employee who refuses to be vaccinated depends on whether the employee's job is a type of job with a higher risk of infection.
At this stage of the new vaccination in China, targets for vaccination are set, and contraindications and precautions for vaccination are explained. Before vaccination, a person must truthfully inform the doctor about the health status, medical history, allergy history and other information, including the history of chronic diseases.
From a personal and family safety standpoint, it is recommended that everyone get a new vaccine as soon as possible.
Created: 03 March 2022