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A vaccine against Sars-CoV-2 (the “Corona virus”) will hopefully be available soon. The German labor law requirements regarding a vaccination for employees and a possible obligation to vaccinate are already largely clear.
Do employers have to offer the vaccination (free of charge)?
Employees cannot require their employer to carry out or pay for corona vaccinations. It is solely up to the employer to decide which concrete protective measures the employer wishes to undertake. However, it is often also in the employer’s interest for employees to be vaccinated. If the employer offers a (free) vaccination, for example through the company doctor, this is a benefit that must be offered to all employees in principle, taking into account the principle of equality. Limiting the offer to only a few groups of employees will only be permissible in exceptional cases, for example if one group of employees is exposed to greater risks of infection than other groups. It would also be conceivable, for example, to grant “vaccination premiums/incentives” for a voluntary vaccination, the distribution principles of which are subject to the co-determination of the works council. Between 1 March and 31 December 2020, such “Corona special payments” are tax- and social security-free up to an amount of € 1,500.00.