Publicado em 03/11/2021

New Ministry of Labor provisions on employee immunization and dismissal

On November 1, 2021, Ordinance No. 620/2021 of the Ministry of Labor and Social Security was issued, setting forth that, according to the Ministry, the following are now considered as discriminatory practices:

  • the requirement of proof of vaccination for hiring employees;
  • the requirement of proof of vaccination for the maintenance of employment agreements; and
  • the dismissal for cause of employees in the event of non-presentation of such proof of immunization.

Moreover, such Ordinance also reaffirms the permission for employers to carry out promotional campaigns regarding the benefits of vaccination against COVID-19 and to carry out periodic testing of their employees, which proves the non-contamination by Covid-19, in which case employees are required to participate in such program or present proof of vaccination.

We will continue to follow the repercussions of Ordinance No. 620/2021 in the precedents of the Labor Court, reporting its consequences.